Allahabad High Court
Shameem vs State Of U.P. on 3 January, 2022
Author: Vivek Kumar Singh
Bench: Vivek Kumar Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 65 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 20293 of 2021 Applicant :- Shameem Opposite Party :- State of U.P. Counsel for Applicant :- Manish Mishra,Anil Kumar Mishra Counsel for Opposite Party :- G.A. Hon'ble Vivek Kumar Singh,J.
Heard learned counsel for the applicant, Sri Sanjay Singh, learned A.G.A.-I appearing for the State and perused the record.
It is contended on behalf of the applicant that he is innocent and has been falsely implicated in the present case. He did not commit any offence as alleged. It is further submitted that there has never been any transaction between the applicant and the informant as alleged, however, due to parti bandi the applicant has been implicated in the present case due to ulterior motive. The applicant has criminal history of one case which he has explained in paragraph-17 of the affidavit filed in support of anticipatory bail application.
Learned A.G.A. opposed the prayer for bail.
Without expressing any opinion on the merits of the case, considering the nature of accusation and the fact that he has no criminal antecedent, the applicant is entitled to be released on anticipatory bail in this case.
Let the applicant ? Shameem involved in Case No. 9537 of 2020 (State v. Shameem) pending before Judicial Magistrate II, Muzaffarnagar, Case Crime No. 21 of 2020, under Sections 420 and 406 IPC, Police Station Sikhera, District Muzaffarnagar, be released on anticipatory bail on furnishing a personal bond of Rs. 25,000/- with two sureties each in the like amount to the satisfaction of the trial court concerned with the following conditions:-
1. The applicant shall not leave India during the currency of trial without prior permission from the concerned trial Court.
2. The applicant shall surrender his passport, if any, to the concerned trial Court forthwith. His passport will remain in custody of the concerned trial Court.
3. That 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 them from disclosing such facts to the Court or to any police officer;
4. The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence and the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law to ensure presence of the applicant.
5. In case, the applicant misuses the liberty of bail, the trial Court concerned may take appropriate action in accordance with law and judgment of Apex Court in the case of Sushila Aggarwal and others v. State (NCT of Delhi) and another, (2020) 5 SCC 1.
6. The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court default of this condition is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of his bail and proceed against him in accordance with law.
The party shall file a computer generated copy of this order downloaded from the official website of High Court Allahabad which shall be self-attested by the counsel of the party concerned. The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 3.1.2022 DS