Allowed

Shabir and Another v. State of U.P.

Allahabad HC24 Mar 2023BAIL/13203/2023

Case brief

AI extract

What is this about?

The High Court allowed a bail application filed by two accused persons in cases involving offences under IPC Sections 399, 402, 307 and the Arms Act. Granting bail based on parity with a co-accused, the court imposed standard conditions including appearance at trial and prohibitions on tampering with evidence.

What did the court decide?

Applicants to be released on bail by furnishing a personal bond and two reliable sureties each of the like amount.

Shabir and Another Vs State of U.P. — Bail and Remand | Allahabad HC (2023)

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Court No. - 81

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13203 of 2023

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Applicant :- Shabir And Another Opposite Party :- State of U.P. Counsel for Applicant :- Jagdish Prasad Mishra Counsel for Opposite Party :- G.A.

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Hon'ble Ms. Nand Prabha Shukla,J.

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

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This is a bail application on behalf of the applicant in connection with Case Crime No. 501 of 2022, under Sections 399, 402, 307 IPC and Section 3/4/25 of the Arms Act, 1959, Police StationBudhana, District- Muzaffarnagar.

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It is submitted by learned counsel for the applicant that similarly placed co-accused Suhail has already been enlarged on bail by another Bench of this Court by order dated 23.03.2023 passed in Criminal Misc. Bail Application No. 13100 of 2023. He further submitted that since the role of the applicant is identical to that of co-accused Suhail, who has already been enlarged on bail, he is also entitled to be enlarged on bail on the ground of parity. Lastly he submitted that the applicant also has a criminal history of three cases and is languishing in jail since 23.12.2022 and in case, he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial.

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Learned AGA 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 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 applicants- Shabir and Murjata urf Murtaza be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties each of the like amount to the satisfaction of the court concerned subject to the following

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conditions:

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(i) The applicants shall not tamper with the evidence or threaten the witnesses.

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(ii) The applicants shall file an undertaking to the effect that he shall not seek any adjournment on the dates 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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(iii) The applicants shall remain present before the Trial Court on each date fixed, either personally or as directed by the Court. In case of his absence, without sufficient cause, the Trial Court may proceed against him under Section 229-A of the Indian Penal Code.

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(iv) In case the applicants misuse the liberty of bail during trial and in order to secure his presence, proclamation under Section 82 Cr.P.C. is issued and the applicants fail 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 of the Indian Penal Code.

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(v) The applicants shall remain present in person before the Trial Court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) 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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In case, of breach of any of the above conditions, it shall be a ground for cancellation of bail.

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

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Order Date :- 24.3.2023 Shivani

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Digitally signed by :- SHIVANI SRIVASTAVA High Court of Judicature at Allahabad

Shabir and Another v. State of U.P.

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Shabir and Another v. State of U.P.

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