In Criminal Misc. Bail Application 11978 of 2021, the Hon'ble Court granted bail to the applicant Shaukat, involved in an FIR under Sections 380, 411, and 457 IPC. The court found it a fit case for bail subject to conditions including personal bond, sureties, and adherence to trial court dates.
Released on bail by furnishing personal bond and two reliable sureties.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 86
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11978 of 2021
Applicant :- Shaukat Opposite Party :- State of U.P. Counsel for Applicant :- Avinash Pandey Counsel for Opposite Party :- G.A.
Hon'ble Subhash Chand,J.
Heard learned counsel for applicant(s), learned A.G.A. and perused the record.
This bail application has been preferred by the accusedapplicant(s), Shaukat, who is involved in Case Crime No. 341 of 2020, under Sections 380, 411, 457 I.P.C. P.S.- Thana Bhawan, District- Shamli.
Learned counsel for the applicant(s) in support of his prayer for bail submits that the applicant(s) is innocent and he has been falsely implicated in the present case. It is further submitted that FIR of this case was lodged against unknown persons. The name of applicant came into light on the basis of confessional statement of co-accused. No stolen article has been recovered from the possession of the applicant. The criminal history of the applicant has been explained in para-11 of the affidavit filed in support of bail application. The cases which were pending against the applicant prior to this case, in all the cases applicant is already on bail and the remaining cases have been slapped after the present case. The co accused Nawab Ali has already been granted bail by this Court vide order dated 10.02.2021 passed in Criminal Misc. Bail Application No.4668 of 2021.
Learned A.G.A. vehemently opposed the prayer for bail.
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.
Let applicant(s), shaukat , 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:
(i) The applicant(s) shall not indulge in any criminal activity.
(ii) The applicant(s) shall not tamper with the prosecution evidence.
(iii) The applicant(s) shall not pressurize the prosecution witnesses.
(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.
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.
Order Date :- 19.3.2021 Prajapati
2 issues framed by the court
Whether the applicant is eligible for bail under Sections 380, 411, 457 IPC.
Whether a personal bond with sureties would suffice to grant bail.
Shaukat
Subhash Chand
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
