Allowed

Shamsher v. State of U.P.

Allahabad HC20 Jun 2023BAIL/27265/2023

Case brief

AI extract

What is this about?

Court allowed bail application for applicant Shamsher in a case under IPC sections 504, 506, 370, 370A. Bail granted as co-accused already on bail, investigation complete, and no further benefit of detention. Release conditioned on personal bond and sureties with standard conduct conditions.

What did the court decide?

Granted bail on personal bond and two sureties conditioned to cooperate in trial and not tamper with evidence or pressure witnesses.

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

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Neutral Citation No. - 2023:AHC:127612

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Court No. - 48

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 27265 of 2023

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Applicant :- Shamsher Opposite Party :- State of U.P. Counsel for Applicant :- Dhirendra Kumar Srivastava Counsel for Opposite Party :- G.A.

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Hon'ble Vinod Diwakar,J.

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Heard learned counsel for the applicant, learned A.G.A. on behalf of the State and perused the record.

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The instant bail application has been filed on behalf of the applicant, Shamsher , with a prayer to release him on bail in Case Crime No. 05 of 2022, under Sections 504, 506, 370, 370A I.P.C., Police Station Jhinjhana, District Shamli, during the pendency of the trial.

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The prosecution case, in brief, is that the complainant's daughter aged about 33 years alongwith her two minor children gone missing, and the named accused persons has taken the victim to some undisclosed location.

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Learned counsel for the applicant submits that the applicant is innocent and has falsely been implicated in the present case. He further submits that the applicant is not named in the F.I.R. He further submits that the victim is major and is a widow lady having two children. The allegation against the applicant is that he has kept the victim with him for about four months and committed maar-peet with her, but there is no evidence in this regard. The victim is major and she lived with the applicant on her own sweet will. He further submits that co-accused Shahzad @ Tunda has already been enlarged on bail by a co-ordinate Bench of this court vide order dated 3.5.2023 passed in Criminal Misc. Bail Application No.36939 of 2022. He further submits that the applicant has no criminal history to his credit. The applicant has been languishing in jail since 22.9.2022 and in case he is enlarged on bail he will not misuse the liberty of bail and co-operate in trial.

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Per contra, learned A.G.A. has opposed the prayer.

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Be that as it may, having heard the learned counsel for the parties, and on perusal of the record, it transpires that the coaccused person has already been granted bail by the co-ordinate Bench of this Court; investigation has been completed, and charge sheet has been filed before the trial court, and it may take some time to complete the trial; the applicant has been languishing in jail since 22.09.2022 and no fruitful purpose would be served in keeping the accused-applicant in jail during pendency of trial. Considering the aforesaid facts, this court is inclined to enlarge the accused-applicant on bail. Therefore, the bail application is allowed.

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Let the applicant, Shamsher , be released on bail on the aforesaid case on his furnishing a personal bond and two sureties each in the like amount to the court's satisfaction, subject to the following conditions. Further, before issuing the release order, the sureties be verified.

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(i) The applicant shall not tamper with the evidence and shall cooperate with the police as required.

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(ii) The applicant shall refrain from pressurizing the witnesses during the trial.

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(iii) The applicant shall cooperate in the trial sincerely without seeking any adjournment.

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In case of breach of any of the above conditions, the same shall be grounds for cancellation of bail.

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Observations made by this court while deciding the present bail application are prima facie in nature and shall have no bearing on the trial of the case.

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Order Date :- 20.6.2023 Suraj Srivastav

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

Shamsher v. State of U.P.

Case brief

What is this about?

What did the court decide?

Shamsher v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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