Allowed

Shamshad Ahmad v. State of U.P.

Allahabad HC14 Nov 2022BAIL/48745/2022

Case brief

AI extract

What is this about?

This single judge order grants bail to Shamshad Ahmad in a criminal trial involving severe charges including murder and conspiracy. The court found the applicant fit for bail citing the release of a co-accused on parity grounds, imposing standard bond and surety conditions without elaborating on merits.

What did the court decide?

Release of applicant from jail on furnishing of a personal bond and two reliable sureties subject to standard bail conditions.

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

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Court No. - 92

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 48745 of 2022

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Applicant :- Shamshad Ahmad Opposite Party :- State of U.P. Counsel for Applicant :- Mohd Nasir,Mohd Haris Khan Counsel for Opposite Party :- G.A.

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Hon'ble Gajendra Kumar,J.

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Heard learned counsel for the applicant and learned AGA for the State.

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By means of this application, the applicant, Furkan Ahmad, who is involved in Case Crime No. 118 of 2022, under Sections 143, 144, 145, 147, 148, 149, 153A, 153B, 295A, 201, 511, 307, 332, 333, 353, 395, 435, 436, 427, 504,505(2), 506, 120B of IPC, under section 3/4/5 of Explosive Substance Act, and section 7 Criminal Law Amendment Act, under section 83 of Juvenile Justice (Care & Protection of Children) Act, 2015, under section 3/4 of Prevention of Damage of Public Property Act, 1984, Police Station- Khuldabad, District - Prayagraj and is seeking enlargement on bail during the trial.

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The co-accused, Furkan Ahmad, has already been enlarged on bail in Criminal Misc. Bail Application No.45999 of 2022 by a co-ordinate Bench of this Court vide order dated 21.10.2022. The prayer for release of the applicant on bail on the ground of parity has been made. The applicant is languishing in jail since 11.06.2022.

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Learned AGA has vehemently opposed the prayer for bail but could not dispute the aforesaid facts on record.

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Considering the facts and circumstances of the case, perusing the record and also considering the nature of allegations, arguments advanced by the learned counsel for the parties and keeping in mind that co-accused has already been released on bail by this Court and without expressing any opinion on the merit of the case, I find it to be a fit case for granting bail.

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Let applicant namely Shamshad Ahmad be released on bail in the aforesaid Case Crime Number on his/her furnishing personal bond and two reliable sureties each of the like amount to the satisfaction of the court concerned subject to following conditions:-

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

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(ii) The applicant will not influence any witness.

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

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(iv) The applicant shall not directly or indirectly make 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 bail cancellation application before this Court.

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Order Date :- 14.11.2022 Ashutosh

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Digitally signed by ASHUTOSH SINGH Date: 2022.11.16 13:43:11 IST Reason: Location: High Court of Judicature at Allahabad

Shamshad Ahmad v. State of U.P.

Case brief

What is this about?

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Shamshad Ahmad v. State of U.P.

Case brief

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