Allowed

Shamsheed v. State of U.P.

Allahabad HC16 Aug 2022BAIL/34114/2022

Case brief

AI extract

What is this about?

This court allowed a bail application filed by Shamsheed in a case registered under sections pertaining to culpable homicide and wildlife protection. The court held that the applicant made out a case for bail in light of the evidence suggesting negligence and an intention to kill, citing relevant Supreme Court precedent.

What did the court decide?

Release of the applicant on bail upon furnishing a personal bond and two sureties, subject to specific conditions regarding trial conduct.

Shamsheed Vs State of U.P. — Cheating and Forgery | Allahabad HC (2022)

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Court No. - 66

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 34114 of 2022

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Applicant :- Shamsheed Opposite Party :- State of U.P. Counsel for Applicant :- Amit Rai Counsel for Opposite Party :- G.A.

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Hon'ble Deepak Verma,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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The instant bail application has been filed on behalf of the applicant with a prayer to release him on bail in Case Crime No.78 of 2022, registered under Sections 304 I.P.C. and Section 16Ka, 51 Wild Life Protection Act, Police Station Mandawali, District Bijnor during pendency of the trial.

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Learned counsel for the applicant submitted that the applicant is innocent and has been falsely implicated in the present case due to ulterior motive. Applicant along with three other co-accused (including deceased) went to forest for hunting the Nilgai, when applicant opened fire on nilgai, accidentally the fire got missed and it was struck to one Harun. The post mortem report does not corroborate with the prosecution version. No offence is made out under Section 304 I.P.C. As per statement of brother and father of the accused, no specific allegation has been leveled against the applicant. The present case is not travelled beyond the scope of Section 304-A I.P.C. because the incident occurred due to negligence and Section 304-A I.P.C. is bailable offence. The applicant has no any previous criminal antecedents. The applicant is languishing in jail since 18.05.2022. In case, the applicant is released on bail, he will not misuse the liberty of bail and co-operate in trial.

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Learned A.G.A. has opposed the bail prayer of the applicant.

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Considering the material available on record and keeping in view the nature of the offence, argument advanced on behalf of the parties, evidence on record regarding complicity of the accused that due to negligence incident occurred and there was no intention to kill the deceased. The mandate laid down by Apex Court in the case of Dataram Singh Vs. State of U.P. and another reported in (2018) 3 SCC 22 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

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application is allowed.

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Let the applicant, Shamsheed, who is involved in the aforesaid case crime, be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified.

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The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, 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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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 :- 16.8.2022 Nitin Verma

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Digitally signed by NITIN KUMAR VERMA Date: 2022.08.16 16:04:15 IST Reason: Location: High Court of Judicature at Allahabad

Shamsheed v. State of U.P.

Case brief

What is this about?

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Shamsheed v. State of U.P.

Case brief

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