Allowed

Sharif v. State of U.P.

Allahabad HC26 Apr 2022BAIL/7925/2022

Case brief

AI extract

What is this about?

Criminal Misc. Bail Application filed in the Allahabad High Court regarding an FIR under Sections 306, 323, and 506 IPC. The applicant contested criminal charges and sought bail, arguing parity with co-accused who had already been granted bail. The court allowed the application.

What did the court decide?

Released on bail by executing a personal bond and furnishing two sureties each under specific conditions.

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

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Court No. - 84

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7925 of 2022

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Applicant :- Sharif Opposite Party :- State of U.P. Counsel for Applicant :- Pankaj Kumar Sharma Counsel for Opposite Party :- G.A.

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Hon'ble Ajit Singh,J.

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Heard learned counsel for the applicant and the learned A.G.A.

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This is a bail application on behalf of the applicant Sharif in connection with Case Crime No.113 of 2021, under Sections 306, 323, 506 I.P.C., Police Station Patiyali, district Kasganj.

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The submission of learned counsel for the applicant is that the applicant is quite innocent and has been falsely implicated in the present case with the ulterior motive. He submitted that no role of any overt act has been assigned to the applicant. He submitted that co-accused Smt. Nazreen and Taufiq have been admitted to the concession of bail by another Bench of this Court by orders dated 01.12.2021 and 09.02.2022 passed in Criminal Misc. Bail Application Nos.33793 of 2021 (Smt. Nazreen) and 34120 of 2021 (Taufiq), photocopy of bail order of Smt. Nazreen has been annexed on page no.56 of the paper book and photocopy of bail order of Taufiq produced by learned counsel for the applicant has been perused by this Court, is taken on record and the role assigned to the applicant is similar to role of other co-accused, who have already been enlarged on bail. He claims parity. He submitted that the applicant is languishing in jail since 24.11.2021, hence he is entitled to be released on bail and he will not misuse the liberty of bail and will cooperate in the trial.

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Learned A.G.A. has opposed the bail plea. However, learned A.G.A. does not dispute the factum of parity.

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Considering the overall facts and circumstances, the nature of allegations, the gravity of offence, the severity of the punishment, the evidence appearing against the accused, submission of learned counsel for the parties, considering the law laid down in the case of Data Ram Vs. State of U.P. and others, 2018 (3), SCC, 2 and also the fact that aforesaid co-accused have been admitted to the concession of bail by this Court, but without expressing any opinion on merits, this Court finds it to be a fit case for bail.

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Accordingly, the bail application stands allowed.

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Let the applicant Sharif involved in the aforesaid crime be released on bail on executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:

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i) The applicant shall not tamper with the prosecution evidence.

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ii) The applicant shall not threaten or harass the prosecution

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witnesses;

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iii) The applicant shall appear on the date fixed by the trial court; iv) The applicant shall not commit an offence similar to the offence of which the applicant is accused, or suspected of the commission;

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v) 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 such person from disclosing facts to the Court or to any police officer or tamper with the evidence.

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Order Date :- 26.4.2022

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R./

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Digitally signed by RAJEEV KUMAR SACHDEVA Date: 2022.05.05 11:46:03 IST Reason: Location: High Court of Judicature at Allahabad

Sharif v. State of U.P.

Case brief

What is this about?

What did the court decide?

Sharif v. State of U.P.

Case brief

What is this about?

What did the court decide?

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