Allowed

Shaukat Shekh v. State of U.P. Thru. Prin. Secy. Deptt. of Home U.P. Lko.

Allahabad HC2 May 2024/4748/2024

Case brief

AI extract

What is this about?

In a criminal bail application under Section 437 CrPC for offences of dacoity (IPC 399, 402), the High Court allowed the application. The court held that the prosecution case was merely at the stage of preparation and identical co-accused had been granted bail. The applicant was released on bail with personal and two surety bonds subject to standard conditions.

What did the court decide?

The applicant was ordered to be released on bail on furnishing a personal bond with two sureties in the like amount to the satisfaction of the Court concerned.

Shaukat Shekh Vs State of U.P. Thru. Prin. Secy. Deptt. of… — Bail and Remand | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:34127

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Court No. - 16

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4748 of 2024

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Applicant :- Shaukat Shekh Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home U.P. Lko. Counsel for Applicant :- Shailendra Pathak Counsel for Opposite Party :- G.A.

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Hon'ble Mohd. Faiz Alam Khan,J.

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Learned A.G.A. informs that he has procured complete instructions in the matter including upto date case diary of the case and charge sheet in this case has already been submitted.

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Heard Shri Shailendra Pathak, learned counsel for the accused-applicant as well as learned A.G.A. for the State and perused the record.

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This bail application has been moved by the accused/applicant- Shaukat Shekh for grant of bail, in Case Crime No. 411 of 2023, under Sections 399 and 402 I.P.C., Police Station- Kotwali Nagar, District- Balrampur, during trial.

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Learned counsel for the accused-applicant while pressing the bail application submits that it is a case of false implication. Even if the case of the prosecution is taken on its face, the same admittedly is not travelling beyond the stage of preparation and the incriminating articles shown to have been recovered jointly from all the accused persons are improbable to be carried by them and the same throws a cloud of suspicion over the whole prosecution story.

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It is next submitted that applicants are in jail in this case since 22.12.2023 and they are not having any criminal history, charge-sheet in this case has already been submitted and there is no apprehension that after being released on bail, the applicant may flee from the course of law or may otherwise misuse the liberty. Identically placed co-accused persons, namely, Chhotu Mandal, Sudama Mandal, Tapan Mandal and Heeralal Basak have been granted bail by this Court vide orders dated 21.3.2024, 24,4,2024 and 18.4.2024 passed in Criminal Misc. Bail Application Nos.3329 of 2024, 4189 of 2024 and 4111 of 2024.

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Learned A.G.A., on the other hand, opposes the prayer of bail of the applicant on the ground that applicant have been apprehended from near a Bank pertaining to which they have hatched a conspiracy.

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Having heard learned counsel for the parties and having perused the record, it appears to be an admitted case of the prosecution that applicant along with other associates were preparing dacoity and the case of the prosecution is itself of only preparation. Identically placed co-accused persons, namely, Chhotu Mandal, Sudama Mandal, Tapan Mandal and Heeralal Basak have been granted bail by this Court. The applicant are not having any criminal antecedents and are detained in prison in this case since 22.12.2023. Charge-sheet in this case has already been filed. The presence of the applicant may be secured before the trial court by placing adequate conditions.

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Having regard to the overall facts and circumstances of the case and keeping in view the nature of the offence, evidence, complicity of the accused, severity of punishment, submissions of the learned counsel for the parties and without expressing any opinion on the merits of the case, I am of the considered view that applicant has made out a case for bail. The bail application is thus allowed.

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Let the accused/applicant- Shaukat Shekh involved in above-mentioned case, be released on bail on their furnishing a personal bond with two sureties in the like amount to the satisfaction of the court concerned subject to following conditions:-

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(i) The applicant shall not tamper with the prosecution evidence by intimidating/pressurizing the witnesses, during the investigation and trial.

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

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(iii) 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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Identity, status and residence proof of the applicant and sureties be verified by the Court concerned before the bonds are accepted.

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Observations made herein-above by this court are only for the purpose of disposal of this bail application and shall not be construed as an expression of this Court on the merits of the case.

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Order Date :- 2.5.2024 Muk

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Digitally signed by :- MOHD UMAR KHAN High Court of Judicature at Allahabad, Lucknow Bench

Shaukat Shekh v. State of U.P. Thru. Prin. Secy. Deptt. of Home U.P. Lko.

Case brief

What is this about?

What did the court decide?

Shaukat Shekh v. State of U.P. Thru. Prin. Secy. Deptt. of Home U.P. Lko.

Case brief

What is this about?

What did the court decide?

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