Allowed

Shahjad v. State of U.P.

Allahabad HC22 Aug 2022BAIL/34868/2022

Case brief

AI extract

What is this about?

In CRIMINAL MISC. BAIL APPLICATION No. 34868 of 2022, the High Court of Judicature at Allahabad allowed the bail application filed by Shahjad. The court held that the applicant had made out a case for bail by furnishing a personal bond and two local sureties, subject to conditions regarding tampering with evidence and witnessing.

What did the court decide?

Release of the applicant on bail upon furnishing a personal bond and two local sureties subject to specified conditions.

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

¶1

Court No. - 49

¶2

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 34868 of 2022

¶3

Applicant :- Shahjad Opposite Party :- State of U.P. Counsel for Applicant :- Rakesh Kuamr Yadav,Buddhi Prakash

¶4

Counsel for Opposite Party :- G.A.

¶5

Hon'ble Mayank Kumar Jain,J.

¶6

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

¶7

The present bail application has been filed on behalf of applicant in Case Crime No. 107 of 2022, under sections 395, 341, 412 IPC, police station Titavi, district Muzaffar Nagar, with the prayer to enlarge the applicant on bail.

¶8

It is argued by learned counsel for the applicant that applicant is innocent and has been falsely implicated in the present case. It is next submitted that the applicant is not named in the F.I.R. The alleged incident has been taken place on 11.06.2022 and the present first information report has been lodged on 19.06.2022 after a delay of eight days. It is also submitted that the alleged recovery is said to have been made after fifteen days of the incident from the vehicle of the applicant. There is no independent witness of the alleged recovery. It is further submitted that applicant is languishing in jail since 24.06.2022, having no criminal history. The case is triable by Magistrate-Ist Class. In case the applicant is released on bail, he will not misuse the liberty of bail and will cooperate in trial.

¶9

Learned A.G.A. has opposed the prayer for bail.

¶10

Considering the all attending facts and circumstances of the case, submissions of learned counsel for the parties, nature of evidence, without expressing any opinion on 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.

¶11

Let the applicant Shahjad, in the aforesaid crime be released on bail on furnishing a personal bond and two local sureties to the satisfaction of court concerned subject to the following conditions:

¶12

(1) The applicant will not tamper with the prosecution evidence

¶13

during the trial.

¶14

(2) The applicant will not influence any witness.

¶15

(3) The applicant will appear before the trial Court on the date fixed, unless personal presence is exempted.

¶16

(4) 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 him from disclosing such facts to the Court to any police officer or tamper with the evidence.

¶17

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

¶18

Order Date :- 22.8.2022

¶19

Sazia

¶20

Digitally signed by SAZIA AQUIL Date: 2022.08.24 10:34:06 IST Reason: Location: High Court of Judicature at Allahabad

Shahjad v. State of U.P.

Case brief

What is this about?

What did the court decide?

Shahjad v. State of U.P.

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

Aameen Vs State of U.P.

Jitendra Vs State of U.P.

Gulzar @ Kallu Vs State of U.P.

Mohd Shakir @ Sakib @ Teepu Vs State of U.P.

Lalbahadur Vs State of U.P.

Virendra Vs State of U.P.