Allowed

Shadab v. State of U.P.

Allahabad HC20 Sept 2023BAIL/36877/2023

Case brief

AI extract

What is this about?

The High Court allowed a criminal bail application under Section 439 Cr.P.C., granting release to the applicant who was not a principal offender, faced vague allegations, and had become imprisoned for over three months with no hope of early trial conclusion.

What did the court decide?

Released on bail by furnishing a personal bond and two sureties, subject to conditions of appearing on trial dates and not tampering with evidence or witnesses.

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

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Neutral Citation No. - 2023:AHC:181819

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Court No. - 74

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 36877 of 2023

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Applicant :- Shadab Opposite Party :- State of U.P. Counsel for Applicant :- Sushil Kumar Pandey,Deepak Sharma Counsel for Opposite Party :- G.A.

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Hon'ble Vivek Varma,J.

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Third supplementary affidavit filed by the counsel for the applicant, is taken on record.

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

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The instant bail application under Section 439 Cr.P.C. has been filed with a prayer to enlarge the applicant on bail in Case Crime No. 121 of 2023, under Sections 147, 148, 149, 307, 323, 397, 224, 225, 332, 333, 336, 353, 186 IPC, Police Station Saroorpur, District Meerut, during the pendency of trial.

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As per the allegations in the first information report, seven named persons including the applicant and four unnamed persons are alleged to have assaulted three constables. According to the medical report two constables received simple injuries. One constable namely Brij Kishor Singh received three injuries. Out of which one injury is a fracture of ulna bone. It is contended that the entire family of the applicant has been implicated in the instant case. A vague and general role has been assigned to the applicant. The applicant has not been nominated as the principal offender, who caused the injuries to the three injured. The case of the applicant could not travel beyond section 325 IPC. Prior to the instant case, the applicant was earlier involved in Case Crime No. 225 of 2021, under Sections 420, 465, 468 IPC, Police Station Saroorpur, District Meerut. In the said case the applicant has been granted anticipatory bail by the trial court vide order dated 31.08.2021. The applicant is in jail since 06.06.2023 and in case he is enlarged on bail, he will not misuse the said liberty.

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Learned AGA has opposed the prayer for bail but could not satisfactorily dispute the aforesaid submissions from the record.

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Having heard counsel for the parties and having perused the record, this Court prima facie finds that a vague and general role

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has been assigned to the applicant. The applicant has not been nominated as the principal offender, who caused the injuries to the three injured. Further, the applicant has remained confined for more than three months and and after submission of the chargesheet there is no hope of early conclusion of trial, more so when no reasonable apprehension has been brought to the fore by the State that the applicant, if enlarged on bail, would either tamper with the evidence or delay the trial or intimidate the witness, without commenting on the merits of the case, I am of the opinion that the applicant is entitled to be enlarged on bail.

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

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(i) shall appear on the date fixed by the trial court;

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(ii) shall not tamper with the prosecution evidence;

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(iii) shall not pressurize the prosecution witnesses.

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In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court.

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Order Date :- 20.9.2023 Lbm/-

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Digitally signed by :- LAL BAHADUR MAURYA High Court of Judicature at Allahabad

Shadab v. State of U.P.

Case brief

What is this about?

What did the court decide?

Shadab v. State of U.P.

Case brief

What is this about?

What did the court decide?

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