Allowed

Shahid @ Nisar v. State of U.P.

Allahabad HC2 Dec 2021BAIL/29155/2021

Case brief

AI extract

What is this about?

The High Court granted bail to the applicant, Shahid @ Nisar, in a trial stage case involving theft and criminal breach of trust. The court held that the case for bail was made out despite the prosecution not disputing key assertions of false implication. The applicant was released on a personal bond and two sureties with standard conditions. Headnote follows. Headnote: The High Court allowed the

What did the court decide?

Released on bail on furnishing a personal bond and two sureties in the like amount to the satisfaction of the court concerned.

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

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Court No. - 88

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 29155 of 2021

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Applicant :- Shahid @ Nisar Opposite Party :- State of U.P. Counsel for Applicant :- Mukesh Kumar,Shashi Kumar Mishra,Shiv Shankar Kaithal Counsel for Opposite Party :- G.A.

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Hon'ble Anil Kumar Ojha,J.

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Learned counsel for the applicant has filed supplementary affidavit, which is taken on record.

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Heard learned counsel for the applicant, 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 Shahid @ Nisar seeking enlargement on bail during trial in connection with Case Crime No. 815 of 2020, under Sections 379, 411 I.P.C. registered at P.S.- Kotwali Nagar, District- Etah.

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Submission of learned counsel for the applicant is that applicant is innocent and has been falsely implicated. Applicant is not named in the FIR. Nothing has been recovered from the possession of the applicant. There is no independent witness of the alleged recovery and the alleged recovery has been planted by the police. Entire allegations made against the applicant are false and fabricated. There is no evidence against the applicant. Thus, it is best example of police atrocities. Offences under Sections 379, 411 are not made out. He further submitted that the alleged offences are triable by the Magistrate 1st Class and the maximum punishment provided therein is 3 years. Further submitted that the applicant is languishing in jail since 12.05.2021.

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Per contra, learned A.G.A. opposed the prayer for bail but could not dispute the facts as raised by the learned counsel for the applicant.

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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 accused and all other attending circumstances were duly considered.

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Considering the rival submissions of learned counsel for the parties, keeping in view the facts and circumstances of the case, without commenting upon merits of the case, 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 @ Nisar 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 :- 2.12.2021 v.k.updh.

Shahid @ Nisar v. State of U.P.

Case brief

What is this about?

What did the court decide?

Shahid @ Nisar v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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