Allowed

Shahnawaj v. State of U.P.

Allahabad HC13 Sept 2022BAIL/37995/2022

Case brief

AI extract

What is this about?

Court allowed bail application filed by Shahnawaj in Crime No. 77 of 2021. Application was disposed of based on dictum from Dataram Singh Vs. State of U.P., (2018) 3 SCC 22, finding a case made for bail without expressing opinion on merits.

What did the court decide?

Applicant to be released on personal bond and two local sureties subject to conditions to not tamper with evidence or influence witnesses.

Shahnawaj 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. - 37995 of 2022

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Applicant :- Shahnawaj Opposite Party :- State of U.P. Counsel for Applicant :- Shri Niwash Yadav 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. 77 of 2021, under Sections 380, 411 of IPC, Police Station G.R.P. Bareilly Junction, District Bareilly 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 and a false recovery of medicines (two bottles of syrups) is alleged to have been recovered from the possession of the accused. It is submitted that the applicant has criminal history of seven cases, which are duly explained in paragraph 9 of the bail application, in which out of three cases applicant has confessed with his crime and in another three cases he has been enlarged on bail and in one case bail application of applicant is pending before this Court. It is further submitted that applicant is languishing in jail since 11.12.2021 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 Shahnawaj 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

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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 :- 13.9.2022 Mohit

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Digitally signed by MOHIT KUMAR KUSHWAHA Date: 2022.09.13 17:48:34 IST Reason: Location: High Court of Judicature at Allahabad

Shahnawaj v. State of U.P.

Case brief

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Shahnawaj v. State of U.P.

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