Allowed

Shahid @ Puppy v. State of U.P.

Allahabad HC19 Feb 2021BAIL/3026/2021

Case brief

AI extract

What is this about?

The High Court of Allahabad allowed the bail application of an accused in a case involving Sections 420, 489-B, 489-C IPC regarding fake currency. The court granted bail subject to a personal bond, two local sureties, and several conditions including prohibitions on tampering with witnesses, seeking adjournments during evidence, and attending specific trial stages like Section 313 Cr.P.C.

What did the court decide?

Release on bail subject to personal bond, two local sureties, and specific conditions regarding conduct during trial and attendance at key proceedings.

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

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Court No. - 70

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3026 of 2021

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Applicant :- Shahid @ Puppy Opposite Party :- State of U.P. Counsel for Applicant :- Irshad Saleem,Shoar Mohammad Khan Counsel for Opposite Party :- G.A.

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Hon'ble Ali Zamin,J.

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Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material available on record.

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The present bail application has been filed by the applicant with a prayer to enlarge him on bail in Case Crime No.485 of 2020, under Sections 420, 489-B, 489-C I.P.C., Police Station Nagina, District Bijnor.

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Learned counsel for the applicant submits that according to the FIR version on 13/14-9-2020, in the night, fake currency of Rs.2,58,000/- were recovered from the possession of the applicant. He further submits that there is no evidence against the applicant with regard to the offence u/s 420 IPC. He further submits that the applicant has criminal history of 14 cases, which has been explained in paras 3 & 4 of the supplementary affidavit. He further submits that the applicant has been falsely implicated in the instant case. There is no possibility of the applicant of fleeing away from the judicial process or tampering with the witnesses and, in case, the applicant is enlarged on bail, he shall not misuse the liberty of bail. It is next submitted that the applicant is languishing in jail since 21.10.2020.

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Per contra, learned A.G.A. has opposed the bail prayer of the applicant by contending that as per forensic report, the currency note has been found fake, therefore, he does not deserve any benevolence.

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Considering the facts and circumstances of the case as well as submissions advanced by learned counsel for the parties, nature of the offence, without expressing any opinion on the merit of the case, the applicant is entitled for bail, let the applicant Shahid @ Puppy involved in the aforesaid case crime be released on bail on his furnishing a personal bond and two local sureties each of the like amount to the satisfaction of the court concerned, subject to the following conditions :-

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(i) The applicant will not tamper with the evidence and pressurize the witnesses during trial.

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(ii) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law.

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(iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C. is issued and the applicant fails to appear before the court on the date fixed, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 174-A of the Indian Penal Code.

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(iv) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law.

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

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

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Order Date :- 19.2.2021

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m.a.

Shahid @ Puppy v. State of U.P.

Case brief

What is this about?

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Shahid @ Puppy v. State of U.P.

Case brief

What is this about?

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