Samir Khan v. State of U.P.
Case brief
What is this about?
Hon'ble Court granted bail to the applicant in a case concerning Section 399, 402, and 307 IPC, noting co-accused had been released and referencing prior Supreme Court precedent.
What did the court decide?
Applicant released on bail upon executing personal bond and two sureties under specified conditions.
What the court decided
Court No. - 44
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13905 of 2021
Applicant :- Samir Khan Opposite Party :- State of U.P. Counsel for Applicant :- Babul Kumar Sharma Counsel for Opposite Party :- G.A.
Hon'ble Shamim Ahmed,J.
Heard learned counsel for the applicant, learned A.G.A. appearing for the State and perused the record.
Applicant has moved the present bail application seeking bail in Case Crime No. 51 of 2021 under Section 399, 402, 307 IPC P.S. Mauranipur district Jhansi.
Learned counsel for the applicant submits that a false FIR was lodged on 29.1.2021 by the first informant against the applicant and five other persons regarding the incident dated 29.1.2021 which was registered as Case Crime No.51 of 2021 under Sections 399, 402, 307 IPC, P.S. Mauranipur District Jhansi. According to the prosecution case as alleged in the FIR, on 29.1.2021 the officiate was on duty at night for searching the wanted accused persons, then the informer had given an information to the police that some bad element persons were making a plan to execute the anti social activities. Thereafter, on believing the said information the police reached at spot and saw the six persons including the applicant were standing and after seeing the police party they fired upon the police party but anyhow the police caught to all the six persons and searched them and recovered the country made pistol of 315 bore and one alive cartridge from the possession of the applicant. The allegations contained in the FIR are so highly improbable that no effence could be alleged against the applicant. He argues that even from the recovery, only a Tamancha was recovered and, thus the entire story appears to be a false story.
Issues for consideration
2 issues framed by the court
Whether the applicant is entitled to be released on bail in a case involving alleged offences under Sections 399, 402, and 307 of the IPC.
Whether the similarity in facts between co-accused granted bail and the applicant warrants release on bail.
Parties & counsel
- applicant
Samir Khan
Coram
Shamim Ahmed
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · June
- Registered
- Case no.
- BAIL/13905/2021
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