Allowed

Shahnawaj v. State of U.P. and 3 Others

Allahabad HC10 Jan 2023BAIL/38984/2022

Case brief

AI extract

What is this about?

The court allowed a bail application filed by Shahnawaj in a case registered under sections relating to IPC and POCSO. The applicant, who is currently in jail since February 2022, sought release on the grounds of innocence and similarity to a co-accused who obtained bail. The court permitted bail subject to conditions, ordering verification of sureties.

What did the court decide?

Release on bail on personal bond and two sureties subject to verification and standard conditions.

Shahnawaj Vs State of U.P. and 3 Others — Anticipatory Bail | Allahabad HC (2023)

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Court No. - 78

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 38984 of 2022

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Applicant :- Shahnawaj Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Pankaj Bharti Counsel for Opposite Party :- G.A.,Sushil Kumar Pandey

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Hon'ble Deepak Verma,J.

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Heard Sri Pankaj Bharti, learned counsel for the applicant, Sri Sushil Kumar Pandey, learned counsel for the informant, Sri Vishwa Deepak Mishra, learned A.G.A. for the State and perused the record.

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The instant bail application has been filed with a prayer to release the applicant on bail in Case Crime No. 70 of 2022, registered under Sections 377, 506 I.P.C. and Section 5/6 of POCSO Act and Section 3(2)(v) of SC/ST Act, 1989, Police Station Nai Mandi, District Muzaffarnagar during pendency of the trial.

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Learned counsel for the applicant submitted that the applicant is innocent and has been falsely implicated in the present case due to ulterior motive. Applicant is named in the FIR but victim has not made any specific role to the applicant and role assigned to the applicant is similar to the co-accused, namely, Gajanfar @ Gajlu, who has been granted bail by co-ordinate Bench of this Court vide order dated 06.07.2022, hence, the applicant is also entitled for bail on the ground of same footing. The applicant is languishing in jail since 25.02.2022. In case, the applicant is released on bail, he will not misuse the liberty of bail and cooperate in trial.

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Learned A.G.A. as well as informant counsel have vehemently opposed the bail prayer of the applicant and submitted that applicant is named in the FIR and his case is different from coaccused, hence, applicant is not entitled for bail.

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Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and keeping in view the nature of offence, evidence, complicity of accused and without expressing any opinion on the merits of the case and the law laid down by the Apex Court in Satendra Kumar Antil Vs. C.B.I. & Another , S.L.P.(Crl.) No. 5191 of 2021 , the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.

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Let the applicant, Shahnawaj, who is involved in the aforesaid case crime, 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 following conditions. Further, before issuing the release order, the sureties be verified.

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The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.

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

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The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.

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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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Order Date :- 10.1.2023 Nitin Verma

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Digitally signed by :- NITIN KUMAR VERMA High Court of Judicature at Allahabad

Shahnawaj v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

Shahnawaj v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

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