This criminal miscellaneous bail application was rejected by Court No. 81 of the Allahabad High Court. The court held that no case for bail was made out due to the applicants' long criminal history and the gravity of the murder charge.
Bail application rejected; accused persons not enlarged on bail.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 81
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9983 of 2021
Applicant :- Shabbir And Another Opposite Party :- State of U.P. Counsel for Applicant :- Anand Prakash Dubey,Durga Prasad Tiwari,Vinay Prakash Shukla Counsel for Opposite Party :- G.A.,Ajay Kumar,Syed Mohd. Zaid
Hon'ble Mrs. Saroj Yadav,J.
This application has been filed with a prayer to release the accused applicants on bail in Case Crime No. 1489 of 2019, under Sections 302, 34 IPC, Police Station Kotwali Sector-20 Noida, District Gautambudh Nagar.
Heard Sri Vinay Prakash Shukla, learned counsel for the accused applicants and Sri D.P.S. Chauhan, learned Additional Government Advocate appearing on behalf of the State respondent. None turned up on behalf of the complainant though the name of the learned counsel for the complainant is printed in the cause list.
Learned counsel for the accused applicants has submitted that the accused applicants are innocent and have falsely been implicated in the case. He further submitted that the informant is the eye witness of the alleged incident, who has assigned the role of catching hold to the accused applicants. He further submitted that the co-accused namely Shahnaz @ Langdi, who has been assigned the similar role, has already been granted bail by the co-ordinate Bench of this Court vide order dated 11.06.2020 passed in Criminal Misc. Bail Application No. 12026 of 2020. The accused applicants are languishing in jail since 14.12.2019, so the accused applicants should be enlarged on bail.
Contrary to it, learned A.G.A. appearing on behalf of the Staterespondent vehemently opposed the bail application of the accused applicants and submitted that all the eye-witnesses has stated that the accused applicants caught hold the deceased at the time of his murder. He further submitted that the accused applicants cannot be granted parity with the co-accused Shahnaz @ Langdi as the accused applicant no. 1 namely Shabbir is having criminal history of 34 cases whereas the accused applicant no. 2 Sikander is having criminal history of 31 cases. Criminal history of accused
applicant no. 1 Shabbir is as follows:-
1. Case Crime No. 1489 of 2019, under Sections 302/34 IPC, Police Station Sector-20 Gautambudh Nagar;
2. Case Crime No. 1208 of 2014, under Sections 392/411 IPC, Police Station Sector-20 Gautambudh Nagar;
3. Case Crime No. 1245 of 2014, under Sections 392/411 IPC, Police Station Sector-20 Gautambudh Nagar;
4. Case Crime No. 1473 of 2014, under Sections 392/411 IPC, Police Station Sector-20 Gautambudh Nagar;
5. Case Crime No. 111 of 2017, under Sections 60/63 Arms Act, Police Station Sector-20 Gautambudh Nagar;
6. Case Crime No. 809 of 2017, under Sections 392/411 IPC, Police Station Sector-20 Gautambudh Nagar;
7. Case Crime No. 817 of 2017, under Sections 4/25 Arms Act, Police Station Sector-20 Gautambudh Nagar;
8. Case Crime No. 257 of 2011, under Sections 3/4 Gangster Act, Police Station Sector-20 Gautambudh Nagar;
9. Case Crime No. 406 of 2016, under Sections 147, 148, 149, 332, 353 IPC, Police Station Sector-20 Gautambudh Nagar;
10. Case Crime No. 893 of 2017, under Sections 18/20 N.D.P.S. Act, Police Station Sector-20 Gautambudh Nagar;
11. Case Crime No. 1143 of 2009, under Sections 147, 148, 323, 336, 506 IPC, Police Station Sector-20 Gautambudh Nagar;
12. Case Crime No. 34 of 2009, under Sections 18/20 N.D.P.S. Act, Police Station Sector-20 Gautambudh Nagar;
13. Case Crime No. 625 of 2009, under Sections 25/4 Arms Act, Police Station Sector-20 Gautambudh Nagar;
14. Case Crime No. 1196 of 2012, under Section 307 IPC, Police Station Sector-20 Gautambudh Nagar;
15. Case Crime No. 1221 of 2012, under Sections 392/411 IPC, Police Station Sector-20 Gautambudh Nagar;
16. Case Crime No. 553 of 2012, under Section 393 IPC, Police Station Sector-20 Gautambudh Nagar;
17. Case Crime No. 180 of 2013, under Sections 25/4 Arms Act, Police Station Sector-20 Gautambudh Nagar;
18. Case Crime No. 1081 of 2012, under Sections 8/20 Arms Act, Police Station Sector-20 Gautambudh Nagar;
19. Case Crime No. 966 of 2013, under Sections 20/21/22 NDPS Act, Police Station Sector-20 Gautambudh Nagar;
20. Case Crime No. 967 of 2013, under Sections 4/25 Arms Act, Police Station Sector-20 Gautambudh Nagar;
21. Case Crime No. 1078 of 2017, under Sections 41/109 Cr.P.C., Police Station Sector-20 Gautambudh Nagar;
22. Case Crime No. 1364 of 2009, under Section 110 G Cr.P.C., Police Station Sector-20 Gautambudh Nagar;
23. Case Crime No. 72 of 2012, under Section 110 G Cr.P.C., Police Station Sector-20 Gautambudh Nagar;
24. Case Crime No. 1197 of 2013, under Sections 379/411 IPC, Police Station Sector-20 Gautambudh Nagar;
25. Case Crime No. 1368 of 2013, under Sections 392/411 IPC, Police Station Sector-20 Gautambudh Nagar;
26. Case Crime No. 1635 of 2013, under Sections 379/411 IPC, Police Station Sector-20 Gautambudh Nagar;
27. Case Crime No. 1691 of 2013, under Section 25 Arms Act, Police Station Sector-20 Gautambudh Nagar;
28. Case Crime No. 1755 of 2013, under Section 25/4 Arms Act, Police Station Sector-20 Gautambudh Nagar;
29. Case Crime No. 541 of 2013, under Sections 379/411 IPC, Police Station Sector-20 Gautambudh Nagar;
30. Case Crime No. 1249 of 2014, under Sections 392/411 IPC, Police Station Sector-20 Gautambudh Nagar;
31. Case Crime No. 994 of 2014, under Section 3 Goondas Act, Police Station Sector-20 Gautambudh Nagar;
32. Case Crime No. 1702 of 2018, under Sections 18/20 NDPS Act, Police Station Sector-20 Gautambudh Nagar;
33. Case Crime No. 1494 of 2019, under Section 307 IPC, Police Station Sector-20 Gautambudh Nagar;
34. Case Crime No. 1496 of 2019, under Sections 25/27 Arms Act, Police Station Sector-20 Gautambudh Nagar.
Criminal history of accused applicant no. 2 namely Sikander is as follows:-
1. Case Crime No. 1489 of 2019, under Sections 302/34 IPC, Police Station Sector-20 Gautambudh Nagar;
2. Case Crime No. 1208 of 2014, under Sections 392/411 IPC, Police Station Sector-20 Gautambudh Nagar;
3. Case Crime No. 1245 of 2014, under Sections 392/411 IPC, Police Station Sector-20 Gautambudh Nagar;
4. Case Crime No. 1449 of 2014, under Sections 392/411 IPC, Police Station Sector-20 Gautambudh Nagar;
5. Case Crime No. 1473 of 2014, under Sections 392/411 IPC, Police Station Sector-20 Gautambudh Nagar;
6. Case Crime No. 111 of 2017, under Sections 60/63 Arms Act, Police Station Sector-20 Gautambudh Nagar;
7. Case Crime No. 898 of 2017, under Sections 18/20 NDPS Act, Police Station Sector-20 Gautambudh Nagar;
8. Case Crime No. 406 of 2017, under Sections 147, 148, 149, 332, 353 IPC, Police Station Sector-20 Gautambudh Nagar;
9. Case Crime No. 1143 of 2009, under Sections 147, 148, 323, 336, 506 IPC, Police Station Sector-20 Gautambudh Nagar;
10. Case Crime No. 34 of 2009, under Sections 18/20 N.D.P.S. Act, Police Station Sector-20 Gautambudh Nagar;
11. Case Crime No. 625 of 2009, under Sections 25/4 Arms Act, Police Station Sector-20 Gautambudh Nagar;
12. Case Crime No. 1196 of 2012, under Section 307 IPC, Police Station Sector-20 Gautambudh Nagar;
13. Case Crime No. 1221 of 2012, under Sections 392/411 IPC, Police Station Sector-20 Gautambudh Nagar;
14. Case Crime No. 1197 of 2013, under Sections 379/411 IPC, Police Station Sector-20 Gautambudh Nagar;
15. Case Crime No. 1358 of 2013, under Sections 392/411 IPC, Police Station Sector-20 Gautambudh Nagar;
16. Case Crime No. 1755 of 2013, under Sections 25/4 Arms Act, Police Station Sector-20 Gautambudh Nagar;
17. Case Crime No. 1393 of 2013, under Sections 394/411 IPC, Police Station Sector-20 Gautambudh Nagar;
18. Case Crime No. 541 of 2013, under Sections 379/411 IPC, Police Station Sector-20 Gautambudh Nagar;
19. Case Crime No. 1249 of 2014, under Sections 392/411 IPC, Police Station Sector-20 Gautambudh Nagar;
20. Case Crime No. 1439 of 2014, under Section 392/411 IPC, Police Station Sector-20 Gautambudh Nagar;
21. Case Crime No. 272 of 2018, under Section 18/20 NDPS Act, Police Station Sector-20 Gautambudh Nagar;
22. Case Crime No. 1044 of 2018, under Sections 18/20 NDPS Act, Police Station Sector-20 Gautambudh Nagar;
23. Case Crime No. 1908 of 2018, under Sections 18/20 NDPS Act, Police Station Sector-20 Gautambudh Nagar;
24. Case Crime No. 1908 of 2018, under Section 25 of Arms Act, Police Station Sector-20 Gautambudh Nagar;
25. Case Crime No. 1910 of 2018, under Sections 414/411 IPC, Police Station Sector-20 Gautambudh Nagar;
26. Case Crime No. 1704 of 2018, under Sections 392/411 IPC, Police Station Sector-20 Gautambudh Nagar;
27. Case Crime No. 300 of 2019, under Sections 392/411 IPC, Police Station Sector-20 Gautambudh Nagar;
28. Case Crime No. 305 of 2019, under Sections 8/20 NDPS Act, Police Station Sector-20 Gautambudh Nagar;
29. Case Crime No. 306 of 2019, under Sections 3/25 Arms Act, Police Station Sector-20 Gautambudh Nagar;
30. Case Crime No. 1494 of 2019, under Section 307 of IPC, Police Station Sector-20 Gautambudh Nagar;
31. Case Crime No. 1495 of 2019, under Sections 25/27 Arms Act, Police Station Sector-20 Gautambudh Nagar.
Considered the rival submissions and perused the record.
Considering all the facts and circumstances of the case, keeping in view the fact that the accused applicants are having a long criminal history and having regard to the nature and gravity of the offence, no case for bail is made out.
The prayer for bail is declined and the bail application is rejected.
(Mrs. Saroj Yadav, J.)
Order Date :- 6.2.2023 Arun
Digitally signed by :- ARUN KUMAR High Court of Judicature at Allahabad
1 issue framed by the court
Whether bail is maintainable for accused applicants with extensive criminal history charged with murder.
2 provisions across 1 enactments
Shabbir
Sikander
State of U.P.
Saroj Yadav
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
