Allowed

Shafeer Husain v. State of U.P.

Allahabad HC6 Apr 2023BAIL/6460/2023

Case brief

AI extract

What is this about?

The court allowed the bail application of Shafeer Husain, accused in a criminal case involving offences under IPC Sections 147, 148, 149, 307, 323, 504, 506. The grant was based on the parity principle with co-accused who were similarly situated and already released on bail from a coordinate bench.

What did the court decide?

Release on bail by furnishing a personal bond and two sureties each in the like amount subject to specified conditions.

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

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Court No. - 87

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6460 of 2023

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Applicant :- Shafeer Husain Opposite Party :- State of U.P. Counsel for Applicant :- Shabana Nizam Counsel for Opposite Party :- G.A.,Vivek Kumar Singh

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Hon'ble Deepak Verma,J.

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Heard learned counsel for the applicant, Sri Vivek Kumar Singh, learned counsel for the informant and learned A.G.A. on behalf of State and perused the record.

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The instant bail application has been filed on behalf of the applicant, with a prayer to release him on bail in Case Crime No.154 of 2018, under Sections 147, 148, 149, 307, 323, 504, 506 IPC Police Station Kotwali, District Jaunpur, during pendency of trial.

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It is submitted by learned counsel for the applicant that applicant is innocent and has been falsely implicated in the present case. The applicant is not named in the F.I.R. It is further submitted that no role of causing injury has been attributed to the applicant. Learned counsel for the applicant has submitted that the applicant is not charge sheeted and cognizance by Trial Court has been taken against charge sheeted accused persons. He next argued that identically placed co-accused, Akram and Irfan have been granted bail by Co-ordinate Bench of this Court vide order dated 25.01.2019 passed in Criminal Misc. Bail Application No. 32288 of 2018. He further submits that since the role of the applicant is not distinguishable with the role of co-accused, therefore, the applicant is also entitled to be enlarged on bail on the ground of parity. He is languishing in jail since 10.01.2023. In case, he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.

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On the other hand, learned AGA and learned counsel for the informant have vehemently opposed the prayer for bail but could not dispute the aforesaid facts.

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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 the fact

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that the case of the applicant is similar to that of co-accused, who have been granted bail 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, passed in 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, Shafeer Husain 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 :- 6.4.2023 Ashish Pd.

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Digitally signed by :- ASHISH PRASAD High Court of Judicature at Allahabad

Shafeer Husain v. State of U.P.

Case brief

What is this about?

What did the court decide?

Shafeer Husain v. State of U.P.

Case brief

What is this about?

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