Allowed

Arman Shah and Another v. State of U.P Thru Secretary Home Lknw.

Allahabad HC17 Jan 2022BAIL/119/2022

Case brief

AI extract

What is this about?

The High Court allowed a bail application filed by Arman Shah and Sameer Pathan in a criminal case. Considering the nature of accusations and evidence without commenting on merits, the court found a case for bail was made out and ordered their release on personal and two surety bonds.

What did the court decide?

Application allowed; applicants released on bail subject to personal bond and two sureties with specific conditions.

Arman Shah and Another Vs State of U.P Thru Secretary Home… — Bail and Remand | Allahabad HC (2022)

¶1

Court No. - 83

¶2

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 119 of 2022

¶3

Applicant :- Arman Shah And Another Opposite Party :- State Of U.P Thru Secretary Home Lknw. Counsel for Applicant :- Vijay Bahadur Shivhare Counsel for Opposite Party :- G.A.

¶4

Hon'ble Ram Krishna Gautam,J.

¶5

Heard over bail application moved by applicants, Arman Shah and Sameer Pathan, in Case Crime No. 318 of 2021, under Sections 147, 148, 149, 323, 307 IPC, Police Station-Rath, District-Hamirpur.

¶6

Learned counsel for the applicant argued that the accusedapplicants are innocent; they have been falsely implicated in this very case crime number and are languishing in jail since 05.07.2021 and 06.07.2021 respectively; applicant Sameer is of no criminal antecedent and Arman Shah is of two criminal antecedents, wherein, he is on bail and there is no likelihood of fleeing from course of justice or tempering with evidence in case of release on bail; general accusation has been leveled against the applicants, whereas co-accused Rohit Rajput, Ravindra Yadav, Arvind Yadav, Satendra Kumar, have been granted bail, in this very case crime number, by the co-ordinate Benches of this Court in Crl. Misc. Bail Application nos. 36299 of 2021, 42609 of 2021, 43286 of 2021, 44485 of 2021 respectively; applicants are not persons to whom role of shooting is there; no specific accusation against them is there. Hence, bail has been prayed for.

¶7

Learned AGA has vehemently opposed, but could not oppose the above factual aspects and grant of bail to co-accused, as above.

¶8

Having heard and gone through materials placed on record, considering all above facts and circumstances, the nature of accusations, severity of the punishment in the case of conviction and nature of supporting evidence, reasonable apprehension of tampering with the witness and prima facie case, but, without commenting on merits of the case, a case for bail is made out.

¶9

Accordingly, the bail application is allowed.

¶10

Let the applicants, Arman Shah and Sameer Pathan , involved

¶11

in above mentioned case crime number be released on bail, on his executing a personal bond and two reliable sureties, each, in the like amount, to the satisfaction of the court concerned, subject to the following conditions:

¶12

The applicants will not tamper with the evidence.

¶13

The applicants will not indulge in any criminal activity.

¶14

The applicants will not pressurize/intimidate the prosecution witnesses and co-operate in the trial.

¶15

The applicants will appear regularly on each and every date fixed by the trial court, unless their personal appearance is exempted through counsel by the court concerned.

¶16

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

¶17

The computer generated copy of such order shall be self attested by the by the counsel of the party concerned.

¶18

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.

¶19

In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel their bail.

¶20

Order Date :- 17.1.2022 Dhirendra/

¶21

Digitally signed by RAM KRISHNA GAUTAM Date: 2022.01.17 15:50:15 IST Reason: Document Owner Location: High Court of Judicature at Allahabad

Arman Shah and Another v. State of U.P Thru Secretary Home Lknw.

Case brief

What is this about?

What did the court decide?

Arman Shah and Another v. State of U.P Thru Secretary Home Lknw.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Sartaj Vs State of U.P.

Wasim Khan Vs State of U.P. and Another

Krishna Kumar Vs State of U.P.

Ramesh Gupta Vs State of U.P.

Heerakali @ Hardevi Vs State of U.P.

Digvijay Singh Vs State of U.P.