Allowed

Shahnawaz v. State of U.P.

Allahabad HC12 Mar 2021BAIL/8493/2021

Case brief

AI extract

What is this about?

The court granted bail to the applicant Shahnawaz in a case involving multiple charges, relying on the broader mandate of Article 21 and the Dataram Singh precedent. The grant was made without expressing an opinion on the merits of the case.

What did the court decide?

Applicant enlarged on bail on executing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned.

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

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Court No. - 69

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8493 of 2021

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Applicant :- Shahnawaz Opposite Party :- State of U.P. Counsel for Applicant :- Ayank Mishra,Vivek Kumar Srivastava Counsel for Opposite Party :- G.A.

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Hon'ble Neeraj Tiwari,J.

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Heard learned counsel for the applicant and learned A.G.A. for the State.

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It is submitted by the learned counsel for the applicant that applicant has been falsely implicated in the present case as well as 30 other cases of same nature with the same allegation. It is further submitted that applicant is not named in any of the cases. It is next submitted that out of 31 cases, he has been released on bail in seven cases. Applicant was granted bail by this Court vide orders dated 1.9.2020, 22.9.2020, 6.1.2021, 18.1.2021, 22.1.2021, 27.1.2021 and 5.2.2021 passed in Criminal Misc. Bail Application Nos. 24653 of 2020, 24279 of 2020, 45253 of 2020, 43577 of 2020, 43387 of 2020, 44340 of 2020 and 44995 of 2020 respectively. He is in jail since 25.11.2020, undertakes that he will not misuse the liberty, if granted.

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Learned A.G.A. has vehemently opposed the prayer but could not dispute the aforesaid facts.

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Considering the material on record as well as the dictum of Apex Court in the case of Dataram Singh Vs. State of U.P. and another, reported in (2018) 3 SCC 22 , larger mandate of Article 21 of the constitution of India, without expressing any opinion on the merit of the case, let the applicant- Shahnawaz , involved in Case Crime No. 489 of 2018, under Sections- 409, 420, 467, 468, 471, 120B I.P.C. and 39 Da Aadhaar (Targeted Delivery of Financial and other Subsidy Benefits Services) Act, 2016 and 66(C) I.T. Act and 3/7 Essential Commodity (E.C.) Act, Police StationKithor, District Meerut, be enlarged on bail on his executing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned.

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The party shall file computer generated copy of such order downloaded from the ofÏcial website of High Court, Allahabad. The concerned Court/Authority/Jail OfÏcial shall verify the authenticity of such computerized copy of the order from the ofÏcial website of High Court, Allahabad and shall make a declaration of such verification in writing.

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This bail order would be subject to the fulfilment of following conditions:-

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The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses,

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during the investigation or trial.

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The applicant shall cooperate in the trial sincerely without seeking any adjournment.

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The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.

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The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufÏcient cause, the trial court may proceed against him under Section 229A of the Indian Penal Code;

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In case, the applicant misuses the liberty of bail 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 in such proclamation, 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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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 default of this condition is deliberate or without sufÏcient cause, then it shall be open for the trial court to treat such default as abuse of liberty of his bail and proceed against him in accordance with law.

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In case the applicant has been enlarged on short term bail as per the order of committee constituted under the orders of Hon'ble Supreme Court his bail shall be effective after the period of short term bail comes to an end.

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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 :- 12.3.2021 Rmk.

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Digitally signed by Justice Neeraj Tiwari Date: 2021.03.16 11:34:10 IST Reason: Document Owner Location: High Court of Judicature at Allahabad

Shahnawaz v. State of U.P.

Case brief

What is this about?

What did the court decide?

Shahnawaz v. State of U.P.

Case brief

What is this about?

What did the court decide?

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