Allowed

Shahjad v. State of Up and Another

Allahabad HC6 Nov 2024ABAIL/10740/2024

Case brief

AI extract

What is this about?

The Allahabad High Court granted anticipatory bail to Shahjad in a criminal case involving multiple IPC and Arms Act charges. The court found the allegations unsubstantiated, noted no injury, and observed that similarly placed co-accused had already been released on bail.

What did the court decide?

Anticipatory bail granted till the conclusion of the trial on furnishing a personal bond with two sureties and complying with specified conditions.

Shahjad vs State of Up and Another — Anticipatory Bail | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC:174038

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Court No. - 66

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Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 10740 of 2024

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Applicant :- Shahjad Opposite Party :- State of U.P. and Another Counsel for Applicant :- Mohd. Afzal Ansari,Mohd. Khalil Counsel for Opposite Party :- G.A.

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Hon'ble Sameer Jain,J.

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Sri Jhamman Ram, learned AGA-I, for the State, apprised the Court that he has received the instructions, therefore, the instant anticipatory bail application may be finally disposed off.

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Heard Sri Mohd.Khalil, learned counsel for the applicant and Sri Jhamman Ram, learned AGA-I, for the State.

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The instant anticipatory bail application has been filed on behalf of the applicant with the prayer to release him on anticipatory bail in FIR/Case Crime No.288 of 2023, under Sections 147,148,149,336,504 506, 307 and 427 IPC, Section 7 Criminal Law Amendment Act and Section 3/25 Arms Act, Police Station Saroorpur, District Meerut during pendency of the trial.

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Learned counsel for the applicant submits that on the basis of false allegation applicant has been made accused in the present matter along with others and admittedly it is a case of no injury.

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He next submits that however, charge sheet with regard to other accused persons has been filed but with regard to applicant investigation is pending and police is continuously trying to arrest the applicant.

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He further submits that after considering entire facts of the case

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co-accused Yaqub, Nizamuddin, Khan Mohd. Hamid and Nazim have been released on anticipatory bail vide order dated 3.10.2024 passed in Criminal Misc.Anticipatory Bail Application No. 8839 of 2024 and on merit case of applicant is at par with them.

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He further submits that applicant is not having any previous criminal history.

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8.Per contra, learned AGA although opposed the prayer for bail but could not dispute the argument on facts advanced by the learned counsel for the applicant.

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I have heard learned counsel for the parties and perused the record of the case.

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Considering the argument advanced by the learned counsel for the applicant and the fact that it is a case of no injury and similarly placed co-accused have already been released on anticipatory bail by this Court, in my view, applicant is entitled to be released on anticipatory bail till the conclusion of the trial.

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Accordingly, without expressing any opinion on the merits of the case, the instant bail anticipatory application is allowed.

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In the event of arrest of the applicant -Shahjad involved in the aforesaid case crime number, shall be released on bail till the conclusion of the trial case on furnishing a personal bond with two sureties each in the like amount to the satisfaction of the Presiding Officer/Court concerned with the conditions:-

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(i) that the applicant shall make himself available for interrogation by a police officer as and when required;

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(ii) that the applicant shall not, directly or indirectly, make any

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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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(iii) that the applicant shall not leave India without previous permission of the court;

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(iv) that the applicant shall not temper with the evidence during the trial;

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(v) that the applicants shall not pressurize/intimidate the prosecution witness;

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(vi) that the applicant shall appear before the trial court on each date fixed unless personal presence is exempted;

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In case of breach of any of the above conditions, the court concerned shall have the liberty to cancel the bail granted to the applicants.

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It is made clear that the observations made in granting anticipatory bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses.

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Order Date :- 6.11.2024 SKM

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Digitally signed by :- SHRAVANA KUMAR MISHRA High Court of Judicature at Allahabad

Shahjad v. State of Up and Another

Case brief

What is this about?

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Shahjad v. State of Up and Another

Case brief

What is this about?

What did the court decide?

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