Shamshad vs State Of U.P.
2019 Latest Caselaw 1222 ALL

Citation : 2019 Latest Caselaw 1222 ALL
Judgement Date : 13 March, 2019

Allahabad High Court

Shamshad vs State Of U.P. on 13 March, 2019

Bench: Bachchoo Lal




HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 68
 

 
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 10857 of 2019
 

 
Applicant :- Shamshad
 
Opposite Party :- State Of U.P.
 
Counsel for Applicant :- Zaid Arshad,Arshad Hamid
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Bachchoo Lal,J.

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

Learned counsel for the applicant submits that the applicant is innocent and has falsely been implicated in the present case. The allegation against the applicant is that the applicant and co-accused Shahnawaz were making plan to commit loot and also fired upon the police personnel but no one has sustained injury. This is a case of no injury. False story has been concocted by the prosecution. The applicant has not committed the alleged offence. He has falsely been implicated in the present case. The criminal history of the applicant has been explained in para 10 of the affidavit filed in support of the bail application. The applicant is in jail since 7.12.2018.

Per contra; learned A.G.A. has opposed the prayer for bail.

Considering the facts and circumstances of the case and without expressing any opinion on the merits of the case, I find it a fit case for bail.

Let the applicant Shamshad involved in Case Crime No. 695 of 2018, under section 398, 401, 307 IPC, P.S. Gangoh, District Saharanpur be released on bail on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:

1. The applicant will not tamper with the evidence.

2. He shall not pressurize/intimidate the prosecution witnesses and shall cooperate with the trial.

3. He shall appear on each and every date fixed by the trial court unless personal appearance is exempted by the court concerned.

In case of breach of any conditions mentioned above, the trial court shall be at liberty to cancel the bail of the applicant.

Order Date :- 13.3.2019

Masarrat