Mohd. Shadab vs State Of U.P.
2019 Latest Caselaw 5652 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 80
 

 
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 27042 of 2019
 

 
Applicant :- Mohd. Shadab
 
Opposite Party :- State Of U.P.
 
Counsel for Applicant :- Pradeep Kumar Bhardwaj
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Ajit Singh,J.

Sri Gaurav Kakkar, learned counsel has filed parcha on behalf of applicant, is taken on record.

Sri Pavan Kishore, learned counsel has filed Vakalatnama on behalf of complainant and short counter affidavit, are taken on record.

Heard Sri Gaurav Kakkar, learned counsel for the applicant, Sri Pavan Kishore, learned counsel for the complainant and learned A.G.A. for the State.

This is a bail application on behalf of the applicant in connection with Case Crime No.338 of 2019, under Sections 420, 467, 468, 471, 386, 504, 506 IPC, P.S. Masoori, District Ghaziabad.

The contention of the learned counsel for the applicant is that he has been falsely implicated in the present case. He further submitted that there was a dispute between the parties over the construction and purchase of flat. He further submitted that the parties have now settled their dispute. Lastly, he submitted that the applicant is languishing in jail since 8.5.2019 and in case, he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial.

Learned AGA as well as learned counsel for the complainant has submitted that the parties have now settled their dispute so that he has not opposed the prayer for bail.

Considering the overall facts and circumstances, the nature of allegations, the gravity of offence, the severity of the punishment, the evidence appearing against the accused but without expressing any opinion on merits, this Court finds it to be a fit case for bail.

Accordingly, the bail application stands allowed.

Let the applicant Mohd. Shadab be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties each of the like amount to the satisfaction of the court concerned subject to the following conditions:-

i) The applicant shall not tamper with the prosecution evidence.

ii) The applicant shall not threaten or harass the prosecution witnesses.

iii) The applicant shall appear on the date fixed by the trial court.

iv) The applicant shall not commit an offence similar to the offence of which the applicant is accused, or suspected of the commission.

v) 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 such person from disclosing facts to the Court or to any police officer or tamper with the evidence.

Order Date :- 8.7.2019

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