Allowed

Shaukin v. State of U.P.

Allahabad HC18 Dec 2020BAIL/47652/2020

Case brief

AI extract

What is this about?

The applicant, charged with offences under Sections 147, 148, 149, 307, 324, 354(B), 504, 506, and 452 IPC, moved for bail. The court granted bail, noting prima facie satisfaction of the charge but without expressing opinion on merits or the ultimate guilt of the applicant.

What did the court decide?

Release of the applicant on bail under CrPC subject to furnishing a personal bond and two sureties.

Shaukin Vs State of U.P. — Bail and Remand | Allahabad HC (2020)

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Court No. - 78

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 47652 of 2020

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Applicant :- Shaukin Opposite Party :- State of U.P. Counsel for Applicant :- Mohd. Akbar Shah Alam Khan Counsel for Opposite Party :- G.A.

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Hon'ble Rajiv Joshi,J.

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Heard Sri Mohd. Akbar Shah Alam Khan, learned counsel for the applicant, learned AGA for the State and perused the material brought on record.

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It is contended by learned counsel for the applicant that applicant is innocent and has been falsely implicated in the present case due to ulterior motive. It is next contended that it is a cross case in which both sides have received injuries and at this stage it cannot be said as to who was aggressor and the incident had taken place at the spur of the moment. It is further contended that no specific role has been assigned to the applicant. It is next submitted that co-accused Ejaj has been enlarged on bail by the co-ordinate Bench of this Court in Criminal Misc. Bail Application No. 31115 of 2020 vide order dated 5.11.2020. The case of the applicant stands on identical footing, hence the applicant is also entitled for bail on the ground of parity.. Applicant is in jail since 30.10.2020 having criminal history of one case, which has been explained in para -21 of the affidavit filed in support of the bail application and undertakes that he will not misuse the liberty, if granted.

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Learned A.G.A. has vehemently opposed the bail prayer of the applicant.

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Considering the facts and circumstances of the case, nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, prima facie satisfaction of the Court in support of the charge, reformative theory of punishment, and larger mandate of the Article 21 of the Constitution of India, the dictum of Apex Court in the case of Dataram Singh v. State of U.P. and another, reported in (2018) 2 SCC 22 and without expressing any opinion on the merit of the case, I find it to be a case of bail.

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Let applicant- Shaukin , be released on bail in Case Crime No. 308 of 2020, under Sections - 147,148, 149, 307, 324, 354 (B), 504, 506, 452 IPC, Police Station- Jhinjhana, District- Shamli,

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on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions:-

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The applicant will attend and co-operate the trial proceedings pending before the court concerned on the date fixed after release.

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He will not tamper with the witnesses.

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He will not indulge in any illegal activities during the bail period.

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The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.

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It is clarified that the observations, if any, made in this order are strictly confined to the disposal of this bail application and must not be construed to have any reflection on the ultimate merits of the case.

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The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad. The concerned Court shall verify the authenticity of such computerized copy of the order from the official website of High Court, Allahabad.

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Order Date :- 18.12.2020 Akbar

Shaukin v. State of U.P.

Case brief

What is this about?

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Shaukin v. State of U.P.

Case brief

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