Allahabad High Court
Shahroz vs State Of U.P. on 16 May, 2022
Author: Ram Krishna Gautam
Bench: Ram Krishna Gautam
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 89 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5181 of 2022 Applicant :- Shahroz Opposite Party :- State of U.P. Counsel for Applicant :- Sikandar Khan Counsel for Opposite Party :- G.A. Hon'ble Ram Krishna Gautam,J.
Heard over bail application moved by applicant, Shahroz, in Case Crime No. 595 of 2021, under Sections 460, 382, 411, 120-B IPC, Police Station-Anoopshahar, District-Bulandshahar.
Learned counsel for the applicant argued that the accused-applicant is innocent; he has been falsely implicated in this very case crime number and is languishing in jail since 02.12.2021; he was of three criminal antecedents, explained in para-14 of the affidavit, wherein he is on bail; after it four cases were planted including present one, for one and same nature, whereas this case got was lodged for offence punishable under Section 460 IPC against two unknown assailants; name of applicant was surfaced in alleged apprehension by the police and recovery of Tamancha from the applicant; confession was said to have been made to the police while being in custody and this confession is being denied; moreso it is not admissible in evidence; the alleged recovery of goats was planted one, that too, with joint possession from house of Saleem, having no specific mark of identification and evidence of them being of present case; there is no likelihood of fleeing from course of justice or tempering with evidence in case of release on bail. Hence, bail has been prayed for.
Learned AGA has vehemently opposed, but could not oppose this fact that except confessional statement made to police while being in custody there is no evidence against the applicant; the alleged recovery of goats was with no specific identification.
Having heard and gone through materials placed on record, considering all above facts and circumstances, the nature of accusations, severity of the punishment in the case of conviction and nature of supporting evidence, reasonable apprehension of tampering with the witness and prima facie case, but, without commenting on merits of the case, a case for bail is made out.
Accordingly, the bail application is allowed.
Let the applicant, Shahroz, involved in above mentioned case crime number be released on bail, on his executing a personal bond and two reliable sureties, each, in the like amount, to the satisfaction of the court concerned, subject to the following conditions:
1. The applicant will not tamper with the evidence.
2. The applicant will not indulge in any criminal activity.
3. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial.
4. The applicant will appear regularly on each and every date fixed by the trial court, unless his personal appearance is exempted through counsel by the court concerned.
In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail.
Order Date :- 16.5.2022 Dhirendra/