Allowed

Shamshad @ Kaliya v. State of U.P.

Allahabad HC7 Jul 2021BAIL/11400/2021

Case brief

AI extract

What is this about?

Criminal Miscellaneous Bail Application wherein the applicant sought enlargement on bail in a case under Sections 394 IPC involving shooting. The court allowed bail on personal bond without immediate sureties due to extraordinary circumstances, imposing strict conditions to ensure trial attendances.

What did the court decide?

Release on personal bond without sureties till normal functioning of courts is restored, subject to strict conditions of trial attendance.

Shamshad @ Kaliya Vs State of U.P. — Cheating and Forgery | Allahabad HC (2021)

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Court No. - 67

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11400 of 2021

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Applicant :- Shamshad @ Kaliya Opposite Party :- State of U.P. Counsel for Applicant :- Kumar Dhananjay Counsel for Opposite Party :- G.A.

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Hon'ble Rahul Chaturvedi,J.

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Heard Sri Kumar Dhananjay, learned counsel for the applicant, learned AGA and perused the record.

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By means of this application, the applicant who is involved in case crime no. 344/2017, under Sections 394 IPC, P.S. Muradanagar, DistrictGhaziabad is seeking enlargement on bail during the trial.

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Learned counsel for the applicant in support of his application for bail submits that the applicant is innocent. He has been falsely implicated. It is further submitted that the FIR was got registered by Manoj Kumar against one unknown person. The name of the applicant figure up in the statement of co-accused Amir recorded u/s 161 Cr.P.C. who was arrested on 13.09.2017 and he has taken the name of the applicant. There is no recovery of any incriminating material either at the pointing out or from the possession of the applicant.

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Learned AGA has opposed the prayer for bail by making a mention that the applicant has got criminal antecedents of 10 cases.

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Refuting the submission advanced by learned AGA, the learned counsel for the applicant has drawn the attention of the Court to the case crime nos. of those pending cases which are in one serial, indicating that the police has fastened one case after another upon the applicant in order to swell criminal history against him. It is further contended that the coaccused Amir has already been enlarged on bail by coordinate Bench of this Court on 28.03.2019 in Crl. Misc. Bail Application No. 12556 of 2019. It is further contended that the case of the present applicant stand on the better footing than the case of Amir. It has lastly been submitted that the applicant is in jail since 16.09.2019.

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The submissions made by learned counsel for the applicant, prima facie, quite appealing and convincing for the purpose of bail only.

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Keeping in view the nature of the offence, evidence, complicity of the accused, submissions of the learned counsel for the parties and without expressing any opinion on merits of the case, I am of the view that the applicant has made out a fit case for bail.

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Let the applicant Shamshad @ Kaliya , be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:-

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(i) THE APPLICANT SHALL FILE AN UNDERTAKING TO THE

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EFFECT THAT HE/SHE SHALL NOT SEEK ANY ADJOURNMENT ON THE DATE FIXED FOR EVIDENCE WHEN THE WITNESSES ARE PRESENT IN COURT. IN CASE OF DEFAULT OF THIS CONDITION, IT SHALL BE OPEN FOR THE TRIAL COURT TO TREAT IT AS ABUSE OF LIBERTY OF BAIL AND PASS ORDERS IN ACCORDANCE WITH LAW.

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(ii) THE APPLICANT SHALL REMAIN PRESENT BEFORE THE TRIAL COURT ON EACH DATE FIXED, EITHER PERSONALLY OR THROUGH HIS/HER COUNSEL. IN CASE OF HIS/HER ABSENCE, WITHOUT SUFFICIENT CAUSE, THE TRIAL COURT MAY PROCEED AGAINST HIM/HER UNDER SECTION 229-A IPC.

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(iii) IN CASE, THE APPLICANT MISUSES THE LIBERTY OF BAIL DURING TRIAL AND IN ORDER TO SECURE HIS/HER PRESENCE PROCLAMATION UNDER SECTION 82 CR.P.C., MAY BE ISSUED AND IF APPLICANT FAILS TO APPEAR BEFORE THE COURT ON THE DATE FIXED IN SUCH PROCLAMATION, THEN, THE TRIAL COURT SHALL INITIATE PROCEEDINGS AGAINST HIM/HER, IN ACCORDANCE WITH LAW, UNDER SECTION 174-A IPC.

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(iv) THE APPLICANT SHALL REMAIN PRESENT, IN PERSON, BEFORE THE TRIAL COURT ON DATES FIXED FOR (1) OPENING OF THE CASE, (2) FRAMING OF CHARGE AND (3) RECORDING OF STATEMENT UNDER SECTION 313 CR.P.C. IF IN THE OPINION OF THE TRIAL COURT ABSENCE OF THE APPLICANT IS DELIBERATE OR WITHOUT SUFFICIENT CAUSE, THEN IT SHALL BE OPEN FOR THE TRIAL COURT TO TREAT SUCH DEFAULT AS ABUSE OF LIBERTY OF BAIL AND PROCEED AGAINST THE HIM/HER IN ACCORDANCE WITH LAW.

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(v) THE TRIAL COURT MAY MAKE ALL POSSIBLE EFFORTS/ENDEAVOUR AND TRY TO CONCLUDE THE TRIAL WITHIN A PERIOD OF ONE YEAR AFTER THE RELEASE OF THE APPLICANT.

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In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.

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It is made clear that observations made in granting bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses.

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Since the bail application has been decided under extra-ordinary circumstances, thus in the interest of justice following additional conditions are being imposed just to facilitate the applicant to be released on bail forthwith. Needless to mention that these additional conditions are imposed to cope with emergent condition-:

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The applicant shall be enlarged on bail on execution of personal bond without sureties till normal functioning of the courts is restored. The accused will furnish sureties to the satisfaction of the court below within a month after normal functioning of the courts are restored.

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The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.

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The computer generated copy of such order shall be self attested by the counsel of the party concerned.

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The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.

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However, it is made clear that any wilful violation of above conditions by the applicant, shall have serious repercussion on his/her bail so granted by this court and the trial court is at liberty to cancel the bail, after recording the reasons for doing so, in the given case of any of the condition mentioned above.

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Order Date :- 7.7.2021 Nisha

Shamshad @ Kaliya v. State of U.P.

Case brief

What is this about?

What did the court decide?

Shamshad @ Kaliya v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

Statutes considered

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