Bholu @ Shahid Ali vs State Of U.P.
2019 Latest Caselaw 3074 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 72
 

 
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15697 of 2019
 

 
Applicant :- Bholu @ Shahid Ali
 
Opposite Party :- State Of U.P.
 
Counsel for Applicant :- Ravi Sahu
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Pradeep Kumar Srivastava,J.

Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.

According to FIR version, accused-applicant Bholu alias Shahid Ali, was arrested in Case Crime No. 223 of 2018, under Sections 147, 148, 149, 336, 332, 353, 307 IPC and 7 Criminal Law Amendment Act, P.S. Babupurwa, District Kanpur Nagar, during police encounter while he was carrying Charas.

It has been submitted by learned counsel for the accused-applicant that for the offence under N.D.P.S. Act, the accused-applicant has been released on bail by order dated 24.1.2019 in Criminal Misc. Bail Application No. 3524 of 2019. It has further been submitted that applicant is languishing in jail since 06.9.2018, having no other criminal history and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial.

Learned A.G.A. has vehemently opposed the prayer of bail and submitted that during course of making arrest some persons started throwing stones etc. at police team by which some police personnel sustained simple injury.

Upon hearing learned counsel and perusal of record and considering the complicity of accused, severity of punishment, as well as totality of facts and circumstances, at this stage without commenting on the merits of the case, I find it a case for bail.

Let the applicant Bholu alias Shahid Ali be released on bail in Case Crime No.223 of 2018, under Sections 147, 148, 149, 336, 332, 353, 307 IPC and 7 Criminal Law Amendment Act, P.S. Babupurwa, District Kanpur Nagar, on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to the following conditions:-

i. The applicant will co-operate with the trial and remain present personally on each and every date fixed for framing of charge, recording of evidence as well as recording of statement under Section 313 Cr.P.C. or through counsel on other dates and in case of absence without sufficient cause, it will be deemed that he is abusing the liberty of bail enabling the court concerned to take necessary action in accordance with the provisions of Section 82 Cr.P.C. or Sections 174A and 229A I.P.C.

(ii) The applicant will not tamper with the prosecution evidence and will not delay the disposal of trial in any manner whatsoever.

(iii) The applicant will not indulge in any unlawful activities.

The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.

Order Date :- 17.4.2019

RCT/-