Allowed

Shaukat v. State of U.P.

Allahabad HC16 Sept 2021BAIL/20956/2021

Case brief

AI extract

What is this about?

In a criminal bail application, the High Court of Allahabad granted bail to the applicant under Sections 307, 323, 506, 325, and 504 IPC, relying on the basis of parity with a co-accused granted bail and jail overcrowding during the COVID-19 pandemic, citing Dataram Singh (2018).

What did the court decide?

Release on bail with a personal bond and two sureties subject to standard conditions including attendance at trial and not tampering with witnesses.

Shaukat Vs State of U.P. — Bail and Remand | Allahabad HC (2021)

¶1

Court No. - 71

¶2

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 20956 of 2021

¶3

Applicant :- Shaukat Opposite Party :- State of U.P. Counsel for Applicant :- Virendra Kumar Jaiswal,Mohammad Shariq Counsel for Opposite Party :- G.A.,Deepak Rana

¶4

Hon'ble Vivek Kumar Singh,J.

¶5

Heard Virendra Kumar Jaiswal, learned counsel for the applicant, Sri Deepak Rana, learned counsel for the opposite party, learned AGA, appearing for the State and perused the material brought on record.

¶6

It has been contended by the learned counsel for the applicant that the coaccused Furkan having similar role has been granted bail by this Court vide order dated 13.09.2021 in Criminal Misc. Bail Application No. 27606 of 2021, a copy of said order has been produced by the learned counsel for the applicant, which is taken on record and the case of the applicant stands on identical footing, hence the applicant is also entitled for bail on the ground of parity. The applicant is in jail since 25.01.2021.

¶7

Learned counsel for the opposite party as well as learned A.G.A. has vehemently opposed the prayer for bail but could not dispute the aforesaid fact as argued by learned counsel for the applicant.

¶8

Courts have taken notice of the overcrowding of jails during the current pandemic situation (Ref.: Suo Motu Writ Petition (c) No. 1/2020, Contagion of COVID 19 Virus in prisons before the Supreme Court of India). These circumstances shall also be factored in while considering bail applications on behalf of accused persons.

¶9

Having heard the submissions of learned counsel of both sides, 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.

¶10

Let applicant- Shaukat , be released on bail in Case Crime No. 27 of 2021, under Sections- 307, 323, 506, 325, 504 IPC, Police Station- Madhuban Bapudham, District- Ghaziabad, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:-

¶11

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

¶12

He will not tamper with the witnesses.

¶13

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

¶14

The identity, status and residential proof of sureties will be verified by the

¶15

court concerned and in case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail and send the applicant to prison.

¶16

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.

¶17

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

¶18

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

¶19

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

¶20

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.

¶21

Order Date :- 16.9.2021 Arti

Shaukat v. State of U.P.

Case brief

What is this about?

What did the court decide?

Shaukat v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Parties & counsel

Coram

Case details

Similar cases

Shilendra Vs State of U.P.

Rahul Vs State of U.P.

Ravindra Kumar Vs State of U.P.

Usman Khan Vs State of U.P.

Haneef Vs State of U.P.

Suraj Tiwari Vs State of U.P.