Allowed

Sukkha @ Gulshad @ Shoeb Malik v. State of U.P. Thru. Prin. Secy. Lko.

Allahabad HC2 May 2024BAIL/4772/2024

Case brief

AI extract

What is this about?

Bail application under IPC Sections 307/323/504/34 and Arms Act Sections 3/25 arising from an FIR in Pratapgarh. The court granted bail on the ground of parity with a co-accused already released, noting the applicant's clean criminal history and period of custody.

What did the court decide?

Applicant to be released on bail on furnishing personal bond and two reliable sureties, with conditions to attend hearings, not commit similar offences, and not tamper with evidence or intimidate witn

Sukkha @ Gulshad @ Shoeb Malik vs State of U.P. Thru… — Quashing and FIR | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:45540

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Court No. - 12

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4772 of 2024

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Applicant :- Sukkha @ Gulshad @ Shoeb Malik Opposite Party :- State Of U.P. Thru. Prin. Secy. Lko. Counsel for Applicant :- Dinesh Kumar Ojha Counsel for Opposite Party :- G.A.,Aklavya,Dinesh Kumar,Sarjoo Ram

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Hon'ble Pankaj Bhatia,J.

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Heard learned counsel for the applicant as well as learned A.G.A. and perused the record.

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The applicant seek enlargement on bail in FIR/Case Crime No.472 of 2023, under Sections 307, 323, 504, 34 IPC and Section 3/25 of the Arms Act, Police Station Kandhai, District Pratapgarh.

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It is argued that the co-accused Sahabaj @ Lodar has been enlarged on bail vide order dated 31.5.2024 passed in Criminal Misc Bail Application No.6040 of 2024 and similar allegations as has been levelled against the co accused are levelled against the applicant herein. Hence, the applicant who is languishing in jail since 31.1.2024 having no criminal history prior to lodging of the present F.I.R., may also be enlarged on bail on the ground of parity.

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Learned A.G.A. vehemently opposed the bail prayer but could not deny the ground of parity.

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Adopting the same reasoning as contained in the bail order of the co accused coupled with the fact that the applicant has no criminal antecedents prior to lodging of the F.I.R. in question and is languishing in jail since 31.1.2024, I am of the view that the applicant is entitled to be released on bail on the ground of parity.

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Accordingly, the bail application is allowed.

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Let the applicant Sukkha @ Gulshad @ Shoeb Malik be released on bail in the above-said first information report number on his furnishing personal bonds and two reliable sureties of like amount each to the satisfaction of the court

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concerned with the following conditions:

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(a) The applicant shall execute a bond to undertake to attend the hearings;

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(b) The applicant shall not commit any offence similar to the offence of which he is accused or suspected of the commission; and

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(c) 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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Order Date :- 4.7.2024

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Shukla

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Digitally signed by :- ASHUTOSH KUMAR SHUKLA High Court of Judicature at Allahabad, Lucknow Bench

Sukkha @ Gulshad @ Shoeb Malik v. State of U.P. Thru. Prin. Secy. Lko.

Case brief

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Sukkha @ Gulshad @ Shoeb Malik v. State of U.P. Thru. Prin. Secy. Lko.

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