Shabuddin Vs State of U.P. — Allahabad HC (2022) — LawSathi Research

Shabuddin Vs State of U.P. — Allahabad HC (2022) — LawSathi Research

What the court decided

AI extract

Outcome

Bail granted to applicant Shabuddin in Case Crime No. 468 of 2021, under Section 412 IPC, Police Station Farah, District Mathura, on furnishing a personal bond and two local sureties each in the like amount, subject to conditions: (i) to appear on dates fixed by the trial court; (ii) not to tamper with the prosecution evidence; (iii) not to pressurize the prosecution witnesses.

Issue for consideration

Whether the applicant Shabuddin, not named in the FIR but named in the confessional statement of a co-accused, and involved in Case Crime No. 468 of 2021 under Section 412 IPC, Police Station Farah, District Mathura, is entitled to be enlarged on bail.

Court's answer

Having regard to the submissions made and without commenting on the merits of the case, the applicant is entitled to be enlarged on bail.

Ratio / Principle

The applicant is to be released on bail on furnishing a personal bond and two local sureties each in the like amount, subject to conditions that he shall appear on dates fixed by the trial court, shall not tamper with the prosecution evidence, and shall not pressurize the prosecution witnesses; on breach of any condition, the prosecution may move a bail cancellation application before this Court.

Detailed headnote1 paragraphs

Bail — S. 412 IPC — applicant not named in the FIR and named only in the confessional statement of co-accused Jubair, who has already been granted bail by the Court in Criminal Misc. Bail Application No. 7243 of 2022 — alleged recovery of mobile phones from the applicant with no independent witness — no criminal history — in jail since 28.11.2021 — held: without commenting on merits, applicant entitled to be enlarged on bail on furnishing a personal bond and two local sureties each in the like amount, subject to conditions of appearing before the trial court, not tampering with prosecution evidence and not pressurizing prosecution witnesses; on breach, prosecution free to move for cancellation of bail.

Court No. - 74 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2817 of 2022 Applicant :- Shabuddin Opposite Party :- State of U.P. Counsel for Applicant :- Amitabh Tripathi Counsel for Opposite Party :- G.A.

Hon'ble Vivek Varma,J.

Heard Sri Amitabh Tripathi, learned counsel for the applicant and Sri S.S.Tiwari, learned AGA for the State-respondent.

It is submitted that the applicant was not named in the first information report. The applicant was named in the confessional statement of co-accused Jubair, who has been granted bail by this Court in Criminal Misc. Bail Application No. 7243 of 2022 vide order dated 05.03.2022. False recovery of mobile phones has been shown from the possession of the applicant. There is no independent witness to the recovery. The applicant has no criminal history. The applicant is in jail since 28.11.2021 and in case he is enlarged on bail, he will not misuse the said liberty.

Learned AGA has opposed the prayer for bail but could not satisfactorily dispute the aforesaid submissions from the record.

Perused the material on record.

Having regard to the submissions made but without commenting on merits of the case, I am of the opinion that the applicant is entitled to be enlarged on bail.

Let the applicant Shabuddin, involved in Case Crime No. 468 of 2021, under Section 412 IPC, Police Station Farah, District Mathura be released on bail on his furnishing a personal bond and two local sureties each in the like amount to the satisfaction of the court concerned subject to the conditions that he:

(i) shall appear on the date fixed by the trial court;

(ii) shall not tamper with the prosecution evidence;

(iii) shall not pressurize the prosecution witnesses.

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

Order Date :- 30.3.2022 Lbm/-

Digitally signed by LAL BAHADUR MAURYA Date: 2022.03.31 17:20:45 IST Reason: Location: High Court of Judicature at Allahabad