Allowed

Shoaib and Another v. State of U.P.

Allahabad HC13 Sept 2022BAIL/26722/2022

Case brief

AI extract

What is this about?

Bail application filed by two applicants charged under Sections 381 and 411 IPC for false implication. The court invoked the reformative theory and Article 21, following Dataram Singh, to grant bail with conditions.

What did the court decide?

Release of the applicant Shoaib and Sabir on bail on furnishing a personal bond and two reliable sureties each subject to conditions of not tampering with evidence or witnesses.

Shoaib and Another Vs State of U.P. — Bail and Remand | Allahabad HC (2022)

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Court No. - 92

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 26722 of 2022

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Applicant :- Shoaib And Another Opposite Party :- State of U.P. Counsel for Applicant :- Dhiraj Kumar Pandey,Mohd. Naushad,Rajiv Sisodia Counsel for Opposite Party :- G.A.

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Hon'ble Gajendra Kumar,J.

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Heard Sri learned counsel for the applicants, learned A.G.A. for the State and perused the record.

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The present bail application has been filed by the applicants with the prayer to enlarge him on bail in Case Crime No.272 of 2022, under Sections 381 and 411 I.P.C., Police StationDeoband, District-Saharanpur.

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It has been contended by the learned counsel for the applicants that the applicants have been falsely implicated in the present case due to ulterior motive. It is further submitted that the FIR against four persons including applicants was also lodged which was registered as case crime no.141 of 2022, under Section 307 IPC, Police Station-Rampur Maniharan, District-Saharanpur in which the applicants have already been enlarged on bail. It is further submitted that no incriminating articles have recovered from the possession of the applicants and also they have not been assigned any specific role. It has further been submitted that the applicants are languishing in jail since 10.05.022 and in case applicants are released on bail they will not misuse the liberty of bail and will cooperate in trail.

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The learned A.G.A. has opposed the prayer for grant of bail to the applicants, but could not dispute the aforesaid facts.

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Having heard the submissions of learned counsel of both sides, nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, prima facie satisfaction of the Court in support of the charge, reformative theory of punishment, and larger mandate of the Article 21 of the Constitution of India, the dictum of Apex Court in the case of Dataram Singh v. State of U.P. and another, reported in (2018) 2 SCC 22 and without expressing any opinion on the merit of the case, I find it to be a case of bail.

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Let the applicant - Shoaib and Sabir be released on bail in the

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aforesaid case crime on their furnishing a personal bond and two reliable sureties each of the like amount to the satisfaction of the court concerned subject to following conditions:-

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(i) The applicants will not tamper with the evidence during the trial.

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(ii) The applicants will not influence any witness.

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(iii) The applicants will appear before the trial court on the date fixed, unless personal presence is exempted.

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(iv) The applicants shall not directly or indirectly make inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court to any police officer or tamper with the evidence.

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In case of breach of any of the above condition, the prosecution shall be at liberty to move an application for bail before this Court seeking cancellation of bail.

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Order Date :- 13.9.2022 SK Goswami

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Digitally signed by SHIVAKANT GOSWAMI Date: 2022.09.13 17:44:09 IST Reason: Location: High Court of Judicature at Allahabad

Shoaib and Another v. State of U.P.

Case brief

What is this about?

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Shoaib and Another v. State of U.P.

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