Allowed

Shamaan Kha @ Meetha @ Semaan Kha v. State of U.P.

Allahabad HC31 Oct 2022BAIL/38538/2022

Case brief

AI extract

What is this about?

The High Court allowed the bail application of the accused in a case under Section 394 IPC involving a property-snatching and attempted murder attempt. The Court relied on coincidences with co-accused bail and lack of evidence while granting release on bond.

What did the court decide?

Release on bail with personal bond and sufficient sureties conditioned not to interfere with evidence or commit further crime.

Shamaan Kha @ Meetha @ Semaan Kha Vs State of U.P. — Bail and Remand | Allahabad HC (2022)

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Court No. - 58

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 38538 of 2022

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Applicant :- Shamaan Kha @ Meetha @ Semaan Kha Opposite Party :- State of U.P. Counsel for Applicant :- Anand Ji Mishra,Kaushal Kumar Pandey

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Counsel for Opposite Party :- G.A.

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Hon'ble Shiv Shanker Prasad,J.

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Heard learned counsel for the accused-applicant as well as learned A.G.A. for the State and perused the record.

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This bail application has been moved by the accused-applicant- Shamaan Kha @ Meetha @ Semaan Kha for grant of bail, in case Crime No. 702 of 2019, under Section 394 I.P.C., Police Station Sardhana, District Meerut, during trial.

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It is submitted by the learned counsel for the applicant that the first information report was lodged against unknown person on 26.08.2019 in respect of snatching of chain by two unknown miscreants belonging to the complainant and had fired upon her husband, by which he has been injured. The applicant is absolutely innocent and has been falsely implicated in the present case. It is further submitted that the applicant was not named in the FIR and firstly the name of the applicant was surfaced in the statement of the informant recorded under Section 161 Cr.P.C. There is no independent public witness to support the prosecution case. No incriminating article has been recovered from the possession of the applicant. It is next submitted that co-accused namely, Shadab has already been enlarged on bail by a coordinate Bench of this Court vide order dated 28.1.2021 passed in Criminal Misc. Bail Application No.4966 of 2021. The case of the present applicant is more or less identical to that of the aforesaid co-accused. As such the present applicant is also liable to be enlarged on bail. The applicant is not a previous convict. The applicant is languishing in jail since 17.07.2022 having no criminal history to his credit deserves to be released on bail. In case, the applicant is released on bail, he will not misuse the liberty of bail.

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Learned A.G.A., however, opposes the prayer for bail of the applicant but could not confront the submissions made by learned counsel for the applicant.

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Keeping in view the nature of the offence, evidence, complicity

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of the accused, severity of punishment, submissions of the learned counsel for the parties and without expressing any opinion on the merits and demerits of the case, I am of the considered view that applicant has made out a case for bail. The bail application is allowed.

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Let the applicant- Shamaan Kha @ Meetha @ Semaan Kha involved in the aforesaid 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 with the following conditions that :-

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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. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.

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Order Date :- 31.10.2022 Abhishek Singh

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Digitally signed by ABHISHEK SINGH Date: 2022.11.03 09:56:28 IST Reason: Location: High Court of Judicature at Allahabad

Shamaan Kha @ Meetha @ Semaan Kha v. State of U.P.

Case brief

What is this about?

What did the court decide?

Shamaan Kha @ Meetha @ Semaan Kha v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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