Allowed

Shahid v. State of U.P.

Allahabad HC12 Sept 2022BAIL/35441/2022

Case brief

AI extract

What is this about?

In an application for enlargement on bail in a case under Section 364A IPC, the court held that the applicant made out a case for bail, relying on the dictum of the Apex Court in Dataram Singh, without expressing an opinion on the merits, allowing the bail application subject to standard conditions.

What did the court decide?

The applicant released on bail on furnishing a personal bond and two local sureties subject to appearance and non-interference conditions.

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

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Court No. - 82

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 35441 of 2022

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Applicant :- Shahid Opposite Party :- State of U.P. Counsel for Applicant :- Rama Shankar Mishra Counsel for Opposite Party :- G.A.

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Hon'ble Mayank Kumar Jain,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 present bail application has been filed on behalf of applicant in Case Crime No. 265 of 2022, under Sections 364A of IPC, Police Station Dibai, District Bulandshahr with the prayer to enlarge the applicant on bail.

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It has been argued by learned counsel for the applicant that applicant is innocent and he has been falsely implicated in the present case. It is submitted that applicant is not named in the first information report and no specific role has been assigned to the applicant. The name of the applicant surfaced only on the basis of the confessional statement of the co-accused Musshbir who has already been granted bail by this Court vide order dated 05.09.2022 passed in Criminal Misc. Bail Application No.36354 of 2022, copy of which is taken on record. It is submitted that the witnesses in their statement recorded under Sections 161 and 164 Cr.P.C. have not supported the version of the first information report. The victim is not recovered from the possession of the applicant. It is also submitted that coaccused Sirajuddin @ Pillaru has also been enlarged on bail by this Court vide order dated 11.08.2022 passed in Criminal Misc. Bail Application No.34001 of 2022, copy of which has been produced before this Court and the same is taken on record. It is submitted that since the role of the applicant is identical to that of the co-accused who have already been enlarged on bail, he is also entitled to be enlarged on bail on the ground of parity. It is further submitted that applicant is languishing in jail since 15.06.2022 having no criminal history and that in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.

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Per contra, the learned Additional Government Advocate has opposed the prayer for grant of bail but he could not dispute the aforesaid aspect of the matter.

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Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties, nature of evidence and the dictum of Apex Court in the case of Dataram Singh Vs. State of U.P. and Another, (2018) 3 SCC 22 , 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.

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Let the applicant Shahid 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:

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

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(2). The applicant will not influence any witness.

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

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(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.

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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.

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Order Date :- 12.9.2022 Mohit

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Digitally signed by MOHIT KUMAR KUSHWAHA Date: 2022.09.13 17:47:20 IST Reason: Location: High Court of Judicature at Allahabad

Shahid v. State of U.P.

Case brief

What is this about?

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Shahid v. State of U.P.

Case brief

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