Allowed

Shahabuddin @ nawab v. State Of U. P.

Allahabad HC14 Dec 2021BAIL/25933/2021

Case brief

AI extract

What is this about?

The High Court at Allahabad disposed of a bail application filed by Shahabuddin @ Nawab, charged with culpable homicide by causing suicide under Section 306 IPC. The court allowed bail subject to standard conditions regarding sureties and compliance with trial.

What did the court decide?

The applicant was released on bail with a personal bond and two sureties, conditioned not to tamper with evidence, intimidate witnesses, commit criminal activity, or pressurize the prosecution.

Shahabuddin @ nawab Vs State Of U. P. — Bail and Remand | Allahabad HC (2021)

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Court No. - 75

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 25933 of 2021

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Applicant :- Shahabuddin @ Nawab Opposite Party :- State Of U. P. Counsel for Applicant :- Ishwar Chandra Tyagi

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Hon'ble Ram Krishna Gautam,J.

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Heard over bail application moved by the applicant, Shahabuddin @ Nawab, in Case Crime No. 121 of 2021, under Section 306 I.P.C. Police Station-Amroha Nagar, District-Amroha/J.P. Nagar.

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Heard learned counsel for the applicant and learned AGA representing the State. Perused the record.

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Learned counsel for the applicant argued that the applicant is innocent; he has been falsely implicated in this very case crime number and is languishing in jail since 27.03.2021; he is of no criminal antecedent; marriage was of 11 years standing; death is owning to ante mortem hanging with no other ante mortem injury except mark of ligature of ante mortem hanging; death was of 24.03.2021, but report was got lodged on 26.03.2021, whereas, an application was moved on 24.03.2021 with no accusation; after inquest and autopsy report this false report was got lodged; deceased was suffering with mental disorder and she was under treatment for whom documents are on record; it was a suicide under depression and mental ailment of the deceased and false case was got registered; there is no likelihood of applicant's fleeing from course of justice or tempering with evidence in case of release on bail; hence bail has been prayed for.

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Learned AGA has vehemently opposed bail, but could not oppose this fact that the applicant is of no criminal antecedent and marriage was of 11 years standing; death is owning to ante mortem hanging i.e. suicide with no other ante mortem injury over person of the deceased.

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Having heard learned counsel for both the parties, gone through the material placed on record and considering the nature of accusations, severity of the punishment in the case of conviction but without commenting on the merits of the case, a case for bail is made out, accordingly

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allowed.

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Let the applicant, Shahabuddin @ Nawab , involved in above mentioned case crime number be released on bail on his executing a personal bond and two reliable sureties each in the like amount to the satisfaction of the court concerned subject to the following conditions:

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The applicant will not tamper with the evidence.

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The applicant will not indulge in any criminal activity.

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The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial.

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The applicant will appear regularly on each and every date fixed by the trial court unless his personal appearance is exempted through counsel by the court concerned.

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In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail.

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Order Date :- 14.12.2021 Deepak/

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Digitally signed by RAM KRISHNA GAUTAM Date: 2021.12.14 16:46:40 IST Reason: Document Owner Location: High Court of Judicature at Allahabad

Shahabuddin @ nawab v. State Of U. P.

Case brief

What is this about?

What did the court decide?

Shahabuddin @ nawab v. State Of U. P.

Case brief

What is this about?

What did the court decide?

What the court decided

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