Allowed

Shahid Baig v. State of U.P.

Allahabad HC7 Dec 2020BAIL/43663/2020

Case brief

AI extract

What is this about?

The High Court granted bail to Shahid Baig, the accused in a case involving attempted murder (Section 307 IPC). The court found the case fit for bail considering the facts and proceedings, without commenting on the merits. Reliance was placed on the applicant's personal bond and two sureties.

What did the court decide?

Released on bail subject to personal bond and two reliable sureties with conditions to not engage in crimes or tamper with evidence.

Shahid Baig Vs State of U.P. — Murder and Culpable Homicide | Allahabad HC (2020)

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Court No. - 45

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 43663 of 2020

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Applicant :- Shahid Baig Opposite Party :- State of U.P. Counsel for Applicant :- Kashif Zaidi Counsel for Opposite Party :- G.A.

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Hon'ble Subhash Chand,J.

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Heard learned counsel for applicant(s), learned A.G.A. and perused the record.

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This bail application has been preferred by the accusedapplicant(s) Shahid baig who is involved in Case Crime No. 0432 of 2020, under Sections 307,147 and 506 I.P.C. P.S. Shahganj, District-Agra.

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The F.I.R. version is that the informant on 8.9.2020 at 4.40 p.m. left for his house from Agra. As he reached near Gargi Hospital, Rishi Marg, Shahid and Asif both sons of Ismail came from behind and both Shahid and Asif opened fire with pistol with intention to cause death to the informant. The informant however managed to escape. V.P. and two other persons came by Motorcycle and also opened fire at the informant. This occurrence was witnessed by the brother of informant Shyam Saraswat. All the accused persons fled away extending life threat. The accused persons had also made attempt to murder the informant earlier also. In this regard, Case Crime No. 453 of 207, under sections 323, 504,506 IPC and 7 Criminal Law Amendment Act was also registered.

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Learned counsel for the applicant contends that the FIR of this case is belated by 5 hours. The informant did not sustain any gun shot injury. No weapon has been recovered from the applicant. The informant is also a person of criminal antecedent and falsely implicated the applicant in this case. The criminal history of the applicant has been mentioned in paragraph 19 of the affidavit in which the applicant has been either acquitted or the closure report have been filed. The applicant has been languishing in jail since 25.9.2020.

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On behalf of State bail has been opposed and contended that the applicant has a long criminal history. Merely on the ground that no injury was sustained by the informant can not be a ground to release the applicant on bail.

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Admittedly, it is a case of no firearm injury. The injury report of Ram Saraswat is annexure no. 4 in which injuries are simple in

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nature and nothing is mentioned with which weapon injury was caused.

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In view of the facts and circumstances of the case and the submissions made by learned counsel for both sides and going through the record, without commenting on the merits of the case, I find it a fit case for bail.

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Let applicant(s), Shahid Baig be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned with the following conditions:

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(i) The applicant(s) shall not indulge in any criminal activity.

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(ii) The applicant(s) shall not tamper with the prosecution evidence.

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(iii) The applicant(s) shall not pressurize the prosecution witnesses.

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(iv) The applicant(s) shall regularly appear on the dates fixed by the trial court unless his personal attendance is exempted by the trial court.

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In case of default of any of the conditions enumerated above, liberty is given to the trial court to cancel the bail of the applicant(s) without any reference to this Court.

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Order Date :- 7.12.2020 SKS

Shahid Baig v. State of U.P.

Case brief

What is this about?

What did the court decide?

Shahid Baig v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

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