Allowed

Danish @ Shahanshah v. State of U.P. Thru. Prin.Secy. Home Deptt.

Allahabad HC23 Jul 2024/6730/2024

Case brief

AI extract

What is this about?

The Allahabad High Court (Lucknow Bench) granted bail to the applicant, who was falsely implicated in offences under the IPC and Arms Act. The court noted the offences were triable by a Magistrate and the applicant cooperated by explaining his criminal history. Bail was granted on a personal bond with two sureties and strict conditions regarding evidence tampering and court appearance.

What did the court decide?

Release on bail on personal bond and two sureties with conditions against tampering with evidence and ensuring court appearance.

Danish @ Shahanshah Vs State of U.P. Thru. Prin.Secy. Home… — Bail and Remand | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:49793

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Court No. - 14

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6730 of 2024

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Applicant :- Danish @ Shahanshah Opposite Party :- State Of U.P. Thru. Prin.Secy. Home Deptt. Counsel for Applicant :- Amit Kumar Awasthi,Anand Kumar Shukla Counsel for Opposite Party :- G.A.

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Hon'ble Karunesh Singh Pawar,J.

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1.Heard learned counsel for the applicant and learned Additional Government Advocate for the State as well as perused the record.

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2.Learned counsel for the applicant submits that he has been falsely implicated. The applicant has explained the criminal history in paragraph 17 to the bail application. The offences are triable by Magistrate. The alleged recovery of seven motorcycle and e-riksaw are false. There are no independent witness of the recovery. The applicant undertakes to cooperate in the trial. The applicant is in jail since 19.4.2024.

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It is further submitted that there is no possibility of the applicant of fleeing away after being released on bail or tampering with the witnesses. In case the applicant is enlarged on bail, he shall not misuse the liberty of bail.

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3.Learned A.G.A. has opposed the prayer for bail and submitted that the applicant has criminal history of fifteen cases and it is not a fit case for enlarging the applicant on bail.

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4.On due consideration to the facts that the offences are triable by Magistrate, charge-sheet has been filed in the matter, the applicant is in jail since 19.4.2024 , the applicant has explained the criminal history, and without expressing any opinion on the merit of the case, I find it to be a fit case for enlarging the applicant on bail.

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5.Let the applicant Danish @ Shahanshah, involved in Case Crime No.212 of 2024 under Section 411, 413, 467, 468, 471 Indian Penal Code and Section 3/25 Arms Act, Police Station Kheri, District Lakhimpur Kheri 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 with the following conditions which are being imposed in the interest of justice:-

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(i) The applicant will not tamper with the evidence during the trial.

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(ii) The applicant will not pressurize/ intimidate the prosecution witness.

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(iii) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.

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(iv) 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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(v) 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 sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code.

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(vi) 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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6.The application is allowed accordingly.

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Order Date :- 23.7.2024 Madhu

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Digitally signed by :- MADHU KUMARI High Court of Judicature at Allahabad, Lucknow Bench

Danish @ Shahanshah v. State of U.P. Thru. Prin.Secy. Home Deptt.

Case brief

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Danish @ Shahanshah v. State of U.P. Thru. Prin.Secy. Home Deptt.

Case brief

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