Allowed

Shahzad v. State of U.P.

Allahabad HC20 Sept 2022BAIL/33215/2022

Case brief

AI extract

What is this about?

This judgment grants bail to an applicant accused of abetting suicide under Section 306 IPC. The court permitted release on a bond with two sureties, subject to standard conditions regarding tampering with evidence and appearing for trial, noting the applicant has no criminal antecedents.

What did the court decide?

Applicant released on bail by executing a personal bond and two sureties to the satisfaction of the court.

Shahzad Vs State of U.P. — Murder and Culpable Homicide | Allahabad HC (2022)

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Court No. - 75

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 33215 of 2022

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Applicant :- Shahzad Opposite Party :- State of U.P. Counsel for Applicant :- Vivek Singh Counsel for Opposite Party :- G.A.

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Hon'ble Subhash Chandra Sharma,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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Learned counsel for the applicant has submitted that he is innocent and has falsely been implicated in this case for making abetment of the deceased to commit suicide. Further submitted that the deceased was in relation with this applicant prior to the alleged incident and she told her mother to marry with the applicant. They used to go here and there together and also there was conversation between both of them. On 3.10.2021 she went to the house of this applicant but did not return. Later on she committed suicide by hanging in her room where the applicant and the deceased were living. It is also submitted that during the medical examination, no any injury was found on the person of the deceased except ligature mark. There is no any evidence on record to show that this applicant abetted her to commit suicide. Even though the F.I.R was lodged by the mother of the deceased with ulterior motive after delay of six days. He is languishing in jail since 10.1.2022 as having no any criminal antecedent and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.

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On the other hand, learned AGA opposed the prayer for bail.

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Keeping in view the nature of the offence, evidence, complicity of the accused, submissions of the learned counsel for the parties and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.

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Let the applicant- Shahzad, involved in Case Crime No.610 of 2021, under Section 306 I.P.C, P.S. Phase-2, District Gautam Buddha Nagar be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following

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conditions.

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The applicant will not tamper with the evidence during the trial.

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The applicant will not pressurize/ intimidate the prosecution witness.

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The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.

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The applicant shall not commit an offence similar to the offence of which he is accused, or suspected of the commission of which he is suspected.

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

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

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Order Date :- 20.9.2022 G.S

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Digitally signed by GHAN SHYAM Date: 2022.09.21 17:57:58 IST Reason: Location: High Court of Judicature at Allahabad

Shahzad v. State of U.P.

Case brief

What is this about?

What did the court decide?

Shahzad v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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