Bench allowed bail to Anshu Khan @ Dabbu in a case under Sections 307 and 504 IPC. The court noted claims of false implication and absence of injury by the applicant compared to the shooter.
Release on bail executed via personal bond and furnishing two sureties.
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Court No. - 50 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13050 of 2021 Applicant :- Anshu Khan @ Dabbu Opposite Party :- State of U.P. Counsel for Applicant :- Ajay Kumar Srivastava,Siddharth Pandey Counsel for Opposite Party :- G.A.
Hon'ble Arvind Kumar Mishra-I,J.
Heard learned counsel for the applicant as well as learned A.G.A. for the State of U.P and perused the material available on record.
Applicant claims to have been falsely implicated in this case. So far as the merit of the case is concerned, applicant has not caused any injury to the injured. Ankit Verma is the shooter, whereas the applicant along with other are said to have pulled the injured from the motor cycle. Similarly circumstanced another co-accused Shadab Kuraishi has already been admitted to bail by co-ordinate Bench of this Court, vide order dated 26.3.2021 in Criminal Misc. Bail Application No. 10890 of 2021. Copy of bail order has been produced by learned counsel for the applicant, the same is taken on record. In case, the applicant is admitted to bail, there is no possibility of his absconding or misusing the liberty of bail. The applicant is languishing in jail since 04.12.2020.
Learned A.G.A. has opposed prayer for bail.
Without entering into merit of the case but 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, reasonable apprehension of tampering with witness or apprehension of threat to the complainant and prima facie satisfaction of the Court in support of the charge, the applicant is entitled to be released on bail.
Accordingly, bail application is allowed .
Let the applicant - Anshu Khan @ Dabbu involved in Case Crime No. 690 of 2020, under Sections - 307, 504 I.P.C., Police Station - Sadar Bazar, District - Shahjahanpur be released on bail on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned.
Order Date :- 23.10.2021 S Rawat
3 issues framed by the court
Whether the applicant is entitled to be released on bail in the given facts and circumstances.
Whether there is reasonable apprehension of tampering with witnesses or threat to the complainant.
Whether the applicant is falsely implicated and has not caused injury to the injured.
Anshu Khan @ Dabbu
Arvind Kumar Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
