Allowed

Shadab v. State of U.P.

Allahabad HC13 Dec 2022BAIL/56716/2022

Case brief

AI extract

What is this about?

The High Court of Judicature at Allahabad disposed of Criminal Misc. Bail Application No. 56716 of 2022. The Court granted bail to the applicant Shadab based on the ground of parity with co-accused previously released in similar cases, subject to stringent conditions.

What did the court decide?

Applicant released on bail by furnishing personal bond and two heavy sureties subject to specific conditions regarding attendance and conduct during trial.

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

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Court No. - 76

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 56716 of 2022

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Applicant :- Shadab Opposite Party :- State of U.P. Counsel for Applicant :- Mushir Khan Counsel for Opposite Party :- G.A.

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Hon'ble Shekhar Kumar Yadav,J.

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Heard Mr. Mushir Khan, learned counsel for the applicant, learned Additional Government Advocate for the State and perused the material available on record.

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By means of this application, the applicant is seeking enlargement on bail during the trial in Case Crime No.115 of 2021, under Sections 147, 148, 302, 506 IPC, Police Station Anwarganj, District Kanpur Nagar.

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Learned counsel for the applicant has submitted that the applicant is innocent and has been falsely implicated in the present case. The applicant has not committed any offence as alleged in the impugned first information report. Initially the impugned FIR has been lodged against five accused persons including the applicant. Only general role has been assigned against the applicant. No specific role has been assigned against the applicant. He has further submitted that similarly placed coaccused, namely, Raish Ahmad @ Hajara and Mohd. Riyaz have already been enlarged on bail by another co-ordinate Bench of this Court by orders dated 24.11.2022 and 30.08.2022 passed in Criminal Misc. Bail Application Nos.25577 and 23441 of 2022, copy of the bail orders has been annexed as Annexure No.11 to the affidavit filed in support of bail application. He has further submitted that since the role of the applicant is identical to that of co-accused who have already been enlarged on bail, the applicant is also entitled to be enlarged on bail on the ground of parity. The applicant is languishing in jail since 29.12.2021 having no previous criminal history.

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Per contra, learned A.G.A. has vehemently opposed the prayer for bail, but could not controvert the submissions made by the learned counsel for the applicant.

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Considering the submissions made by learned counsel for the applicant as well as learned A.G.A., this Court is of the view that the applicant has made out a case for grant of bail on the

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ground of parity.

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Let the applicant- Shadab , involved in the aforesaid case be released on bail on furnishing a personal bond and two heavy sureties each in the like amount to the satisfaction of the court concerned subject to following conditions :

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(i) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the date fixed for evidence when the witnesses are present in Court. In case of default of this condition, it shall be open for the Trial Court to treat it as abuse of liberty of bail and pass orders in accordance with law.

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(ii) The applicant shall remain present before the Trial Court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the Trial Court may proceed against him under Section 229-A IPC.

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(iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C., may be issued and if applicant fails to appear before the Court on the date fixed in such proclamation, then, the Trial Court shall initiate proceedings against him, in accordance with law, under Section 174-A IPC.

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(iv) The applicant shall remain present, in person, before the Trial Court on dates fixed for (1) opening of the case, (2) framing of charge and (3) recording of statement under Section 313 Cr.P.C. If in the opinion of the Trial Court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the Trial Court to treat such default as abuse of liberty of bail and proceed against him in accordance with law.

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(v) The Trial Court may make all possible efforts/endeavour and try to conclude the trial within a period of one year after the release of the applicant.

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In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.

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It is made clear that observations made in granting bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses.

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Order Date :- 13.12.2022

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Ajeet

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Digitally signed by AJEET KUMAR PATEL Date: 2022.12.13 12:23:32 IST Reason: Location: High Court of Judicature at Allahabad

Shadab v. State of U.P.

Case brief

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Shadab v. State of U.P.

Case brief

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