Allowed

Shahid v. State of U.P.

Allahabad HC8 Dec 2021BAIL/28718/2021

Case brief

AI extract

What is this about?

Criminal Misc. Bail Application filed by Shahid challenging charges of attempt to murder and related offences. Court examined role in firing, nature of injuries, and cross-versions. Held that a case for bail is made out and granted release on personal bond and sureties with standard conditions to prevent tampering or criminal activities.

What did the court decide?

Release of applicant Shahid on bail to be furnished by personal bond and two sureties in like amount.

Shahid Vs State of U.P. — Murder and Culpable Homicide | Allahabad HC (2021)

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Court No. - 88

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 28718 of 2021

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Applicant :- Shahid Opposite Party :- State of U.P. Counsel for Applicant :- Brij Raj Singh Counsel for Opposite Party :- G.A.,Amitesh Kumar Srivastava,Sunita Chauhan

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Hon'ble Anil Kumar Ojha,J.

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Heard learned counsel for the applicant, learned counsel for the complainant, learned A.G.A. for the State and perused the record.

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This bail application under Section 439 of Code of Criminal Procedure has been filed by the applicant seeking enlargement on bail during trial in connection with Case Crime No. 93 of 2021, under Section 323, 307, 504, 506 I.P.C. registered at P.S. Patiyali, District- Kasganj.

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Submission of learned counsel for the applicant is that the applicant has been falsely implicated in the present case. The applicant has not committed the alleged incident. The injury sustained by the injured in the alleged incident is simple in nature. There is no eye witness to support the prosecution case. There is cross version also. The applicant also sustained serious injuries in the alleged incident and it cannot be determined at this stage as to which party was aggressor. The applicant is languishing in jail since 29.03.2021.

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Per contra, learned A.G.A. and learned counsel for complainant opposed the prayer for bail.Learned counsel for the complainant submitted that the life of injured saved by the grace of Almighty.

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Nature of accusation, evidence collected by I.O. in support of the charge, gravity of offence, nature and severity of punishment in case of conviction, complicity of the accused and all other attending circumstances were duly considered.

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Perusal of record reveals that role of firing has been assigned to the applicant. Bullet hit the thigh of the injured. There is cross version also but it cannot be determined to as which party was aggressor. Moreover, the injury is on non vital part of the body.

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Intention to commit murder is gathered from facts and

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circumstances of each case. Main determinants are nature and amount of injury, nature of weapon used, vital organ of the body where the injury has been caused and peculiar circumstance of that particular case. So far as the facts of the present case are concerned injury is on non vital part of body and there is cross case.

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In view of the above, a case for bail is made out.

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Accordingly, the bail application is allowed.

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Let the applicant Shahid involved in the aforesaid case crime, be released on bail on his furnishing a personal bond and two sureties in the like amount to the satisfaction of the court concerned with the following conditions;

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The applicant shall not tamper with the evidence or threaten the witnesses.

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The applicant shall co-operate with the trial and shall not seek any adjournment on the dates fixed for charge, evidence when the witnesses are present in the court, statement under Section 313 Cr.P.C. and argument.

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During trial, he shall not indulge in any criminal activities.

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In breach of any condition enumerated above, Trial Court shall be at liberty to treat it as abuse of liberty of bail and pass appropriate orders in accordance with law.

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Order Date :- 8.12.2021 VPS

Shahid v. State of U.P.

Case brief

What is this about?

What did the court decide?

Shahid v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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