Allahabad High Court
Shamim @ Kanja vs State Of U.P. on 27 July, 2021
Bench: Vivek Kumar Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 71
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13444 of 2021
Applicant :- Shamim @ Kanja
Opposite Party :- State of U.P.
Counsel for Applicant :- Pradeep Kumar Bhardwaj
Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material on record.
The present bail application has been filed by the applicant with a prayer to enlarge him on bail in Case Crime No. 0179 of 2020, under Section 307 IPC, P.S. B.B. Nagar, district Bulandshahr.
Brief submission of the counsel for the applicant is that on account of firing on the police party the present FIR has been lodged. He further states that there is no injury report. He further submitted that there is nothing on record to demonstrate or to say conclusively that if the applicant is enlarged on bail, it would, in any way, affect the trial of the case and there is no possibility of the applicant of fleeing away from the judicial process or tampering with the witnesses and, in case, the applicant is enlarged on bail, the applicant shall not misuse the liberty of bail. It is also contended that the applicant has no criminal history except the cases for which the applicant has been falsely implicated after his arrest and is in jail since 24.09.2020.
Per contra, learned A.G.A. has opposed the bail prayer of the applicant.
Considering the fact that the applicant is in jail since 24.09.2020. as well as considering the judgment of Supreme Court in the case of Data Ram Singh Vs. State of U.P. and Others, 2018 (3) SCC 32, without expressing any opinion on merit of the case, I am of the view that the applicant is entitled for bail.
Let the applicant Shamim @ Kanja involved in aforesaid case crime be released on bail on his furnishing a personal bond and two local sureties each of the like amount to the satisfaction of the court concerned, subject to the following conditions:-
1. The applicant will attend and co-operate the trial proceedings pending before the court concerned on the date fixed after release.
2. He will not tamper with the witnesses.
3. He will not indulge in any illegal activities during the bail period.
4. The party shall file computer generated copy of such order downloaded from the official website of High Court, Allahabad.
5. The concerned Court shall verify the authenticity of such computerized copy of the order from the official website of High Court, Allahabad.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
It is clarified that the observations, if any, made in this order are strictly confined to the disposal of this bail application and must not be construed to have any reflection on the ultimate merits of the case.
Order Date :- 27.7.2021
Ujjawal
