Allahabad High Court
Subhash Shah vs State Of U.P. on 15 May, 2019
Bench: Krishna Pratap Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 76
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 20320 of 2019
Applicant :- Subhash Shah
Opposite Party :- State Of U.P.
Counsel for Applicant :- Sanjay Vikram Singh,Arvind Kumar Pandey
Counsel for Opposite Party :- G.A.
Hon'ble Krishna Pratap Singh,J.
Heard Mr. Sanjay Vikram Singh, learned counsel for the applicant as well as Mr. Sushil Kumar, learned AGA for the State and perused the material placed on record.
It is argued by the learned counsel for the applicant that the applicant is absolutely innocent and has been falsely implicated in the present case with some ulterior motive. It is further submitted by the learned counsel for the applicant that one country made pistol and two live cartridges are alleged to have been recovered from the possession of the applicant. The alleged recovery is false, fabricated and planted. It is also submitted by the learned counsel for the aplicant that there is no independent witness of the alleged recovery. It is next submitted by the learned counsel for the applicant that criminal history of applicant has been properly explained in paragraph 17 of the affidavit. It is lastly contended that there are no chances of the applicant of fleeing away from the judicial process or tampering with the prosecution evidence. The applicant is languishing in jail since 30.03.2019. In case, the applicant is released on bail he will not misuse the liberty of bail.
Per contra learned A.G.A. has opposed the bail prayer of the applicant by contending that the innocence of the applicant cannot be adjudged at pre trial stage therefore, the applicant does not deserve any indulgence. In case the applicant is released on bail he will misuse the liberty of bail.
Having considered the submissions of the parties and without expressing any opinion on the merits, let the applicant Subhash Shah, involved in case crime No. 48 of 2019, under section 3/25 of Arms Act,PS Gahmar, District Ghazipur, be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions that :-
1. The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.
2. The applicant shall cooperate in the trial sincerely without seeking any adjournment.
3. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 15.5.2019
Sazia
