Allowed

Sharik @ Khachchar v. State of U.P.

Allahabad HC4 Dec 2021BAIL/31984/2021

Case brief

AI extract

What is this about?

Hon'ble Anil Kumar Ojha, J. allowed the bail application of Sharik @ Khachchar. After considering allegations of false implication, the nature of injuries, and rival submissions without commenting on merits, the court held that a case for bail was made out and granted release on personal bond and sureties with standard conditions.

What did the court decide?

Release on bail on personal bond and two sureties subject to conditions against tampering with evidence or witnesses, seeking adjournments, and criminal activities.

Sharik @ Khachchar 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. - 31984 of 2021

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Applicant :- Sharik @ Khachchar Opposite Party :- State of U.P. Counsel for Applicant :- Arvind Kumar Counsel for Opposite Party :- G.A.

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Hon'ble Anil Kumar Ojha,J.

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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 seeking enlargement on bail during trial in connection with Case Crime No. 222 of 2021 under Sections 147,148, 307, 504 and 506 I.P.C. registered at P.S.- Qutubsher, District- Saharanpur.

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Submission of learned counsel for the applicant is that applicant is innocent and has been falsely implicated in this case. One day delay in lodging the F.I.R. has not been explained. In C.T. Scan Report, no grievous injuries were found on the person of injured, Imran. Further submitted that in the injury report, there are three injuries on the person of injured, Imran in which two are incised wounds and one is red contusion. Injured and some of the witnesses have not specified the role of the applicant, however, witness Faizan has stated in his statement recorded U/s 161 Cr.P.C. that applicant was having lathi in his hand whereas co-accused, Nadim was having chhapar, thus role assigned to applicant is of beating by stick (lathi) and there is one contusion on the person of the injured, Imran. Criminal history of the applicant has been explained in paragraph 3 of the Supplementary-Affidavit. Further submitted that the applicant is languishing in jail since 05.07.2021.

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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 the accused and all other attending circumstances were duly considered.

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Perusal of the record reveals that witness Faizan has stated in his statement recorded U/s 161 Cr.P.C. that applicant was

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having lathi in his hand at the time of incident. There is one injury of the hard and blunt object on the person of injured, Imran.

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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, Sharik @ Khachchar 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 :- 4.12.2021 A. Mandhani

Sharik @ Khachchar v. State of U.P.

Case brief

What is this about?

What did the court decide?

Sharik @ Khachchar v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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