Allowed

Ashahar Alias Shebu v. State of U.P.

Allahabad HC10 Aug 2023BAIL/59462/2022

Case brief

AI extract

What is this about?

Criminal Misc. Bail Application seeking release of an applicant falsely implicated in an attempt to murder case where he was not named in the FIR but arrested later. The court found his case identical to co-accords on bail and granted bail with strict conditions.

What did the court decide?

Applicant Ashahar Alias Shebu released on bail by furnishing a personal bond and two sureties subject to strict attendance and conduct conditions.

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

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Neutral Citation No. - 2023:AHC:163184

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Court No. - 77

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 59462 of 2022

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Applicant :- Ashahar Alias Shebu Opposite Party :- State of U.P. Counsel for Applicant :- Prem Shankar Sharma,Avaneendra Kumar Counsel for Opposite Party :- G.A.

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Hon'ble Mrs. Renu Agarwal,J.

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Heard learned counsel for the applicant, learned A.G.A. and perused the record.

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The present application for bail has been filed seeking bail in Case Crime No.412 of 2022, under sections 395, 412, 120-B IPC, Police Station Colonelganj, District Prayagarj.

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Learned counsel for the accused-applicant submitted that the applicant has been falsely implicated in the instant case due to ulterior motive. Applicant was not named in the FIR and he was arrested after 12 days of incident. Recovery of Rs.1,11,000/- has been made from the possession of the accused-applicant. It is further submitted that all the four co-accused have been enlarged on bail. Copies of bail orders are annexed as annexure no. 5 and 6 to the afÏdavit filed in support of bail application. He further submitted that the criminal history of 11 cases have been explained in para no. 9 of the rejoinder afÏdavit and in all the 11 cases, he has been enlarged on bail. Copies of bail orders are annexed starting from Annexure No. 1 to 11 of the rejoinder afÏdavit. All the cases are triable by Magistrate Ist Class. The applicant is languishing in jail since 29.08.2022 and in case he is granted bail, he will not misuse the liberty and would cooperate in the trial proceedings.

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On the other hand, learned AGA has opposed the prayer for bail but could not controvert the above

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mentioned facts.

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Considering the facts and circumstances of the case and taking into account that applicant was not named in the F.I.R., the cases are triable by Magistrate Ist Class, the co-accused have been enlarged on bail and the case of present applicant is identical with rest of the co-accused persons who have been enlarged on bail. The applicant is languishing in jail since 29.08.2022, without expressing any opinion on the merit of the case, it would be appropriate to enlarge the accusedapplicant on bail.

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Let applicant Ashahar Alias Shebu be released on bail in the above case crime number on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of Court concerned with the following conditions :-

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(i) The applicant 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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(ii) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufÏcient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code.

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(iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C. is issued and the applicant fails 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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(iv) The applicant 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)

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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 sufÏcient 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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(v) The applicant shall also furnish an undertaking from the sureties that the properties (movable/immovable) which are the basis of accepting the surety, shall not be disposed of by them till the conclusion of trial.

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(vi) The applicant shall also give an undertaking to the effect that he will not change his address without prior intimation to the trial court concerned.

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(Renu Agarwal,J.)

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Order Date :- 10.8.2023 Vikram

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Digitally signed by :- VIKRAM SINGH High Court of Judicature at Allahabad

Ashahar Alias Shebu v. State of U.P.

Case brief

What is this about?

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Ashahar Alias Shebu v. State of U.P.

Case brief

What is this about?

What did the court decide?

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