Allowed

Shakeel v. State of U.P.

Allahabad HC18 Aug 2022BAIL/35461/2022

Case brief

AI extract

What is this about?

The Court allowed the bail application of Shakeel in a criminal case under Sections 380 and 411 IPC. It held that the applicant had made out a case for bail and granted release on personal bond and sureties subject to standard conditions.

What did the court decide?

Release on bail by furnishing a personal bond and two local sureties subject to conditions of not tampering with evidence or influencing witnesses.

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

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Court No. - 43

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 35461 of 2022

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Applicant :- Shakeel Opposite Party :- State of U.P. Counsel for Applicant :- Bharat Singh 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. 413 of 2021, under Sections 380, 411 of IPC, Police Station Civil Line, District Badaun 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 the applicant is not named in the FIR. Initially, final report was submitted and thereafter further investigation was conducted. It is submitted that the recovery of mobile phone and Rs.50/- was made from the possession of the applicant and that there is no independent witness of the recovery. Thus, the applicant is entitled to be enlarged on bail. It is further submitted that applicant is languishing in jail since 31.05.2022 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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Learned A.G.A. has opposed the prayer for bail.

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Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties, nature of evidence and all attending facts and circumstances of the case, 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 Shakeel 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 :- 18.8.2022 Mohit

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Digitally signed by MOHIT KUMAR KUSHWAHA Date: 2022.08.22 10:55:29 IST Reason: Location: High Court of Judicature at Allahabad

Shakeel v. State of U.P.

Case brief

What is this about?

What did the court decide?

Shakeel v. State of U.P.

Case brief

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