Allahabad High Court
Shanu Qureshi vs State Of U.P. on 25 July, 2022
Author: Saurabh Lavania
Bench: Saurabh Lavania
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 11 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2953 of 2021 Applicant :- Shanu Qureshi Opposite Party :- State of U.P. Counsel for Applicant :- Rashid Ahmad,Amrit Kumar Tiwari,Jyoti Prakash,Krishan Kumar Counsel for Opposite Party :- G.A. Hon'ble Saurabh Lavania,J.
Supplementary affidavit filed today is taken on record.
Heard learned counsel for the applicant as well as learned Additional Government Advocate for the State of U.P. and perused the record.
The present bail application has been filed by the applicant seeking bail in Case Crime No. 238 of 2019, under Sections 272,147,120-B,302 I.P.C. & Section 60A of Excise Act, P.S. Ram Nagar, District Barabanki.
Learned counsel for the applicant submitted that the applicant is innocent and has falsely been implicated in the present crime. The applicant is in Jail since 06.06.2019 and the possibility of conclusion of trial in near future is extremely bleak. It is further submitted that even till date the trial court has not framed the charges. In this regard reliance has been placed on Para-20 of the supplementary affidavit dated 24.7.2022 filed today.
It is further submitted that the applicant has no concerned with the crime indicated in the F.I.R.. The applicant is not named in the F.I.R. The name of the applicant has surfaced in the statement of Manish Singh, who has already been released on bail by this Court vide order dated 02.11.2021 passed in Criminal Misc. Bail Application No.8275 of 2021; Manish Singh Vs. State of U.P. The other co-accused Vipin Awasthi, who is similar and identical to the applicant has also already been released on bail by this Court vide order dated 27.09.2021 passed in Criminal Misc. Bail Application No.4143 of 2020. It is also stated that the other co-accused, namely Ram Tirath, Pappu Jaiswal @ Amit Jaiswal and Suneel Jaiswal, the other accused in the case have already been granted bail by this Court vide its orders dated 15.9.2021, 21.10.2021 and 21.10.2021 passed in Bail Application Nos. 10145 of 2021, 11866 of 2019 and 11865 of 2019. The applicant is innocent and is in jail since 06.06.2019. Accordingly, the applicant is also entitled for bail. It is also submitted that there is no apprehension that after being released on bail, the applicant may flee from the course of law or may otherwise misuse the liberty of bail.
Learned A.G.A. opposed the prayer for grant of bail, however, he could not dispute the above contention made by the learned counsel for the accused-applicant that co-accused have already been released on bail.
Considering the facts and circumstances of the case, perusing the record and also considering the nature of allegations, arguments advanced by the learned counsel for the parties and keeping in mind that co-accused have already been released on bail by this Court and without expressing any opinion on the merit of the case, I find it to be a fit case for granting bail.
Let applicant -Shanu Qureshi be released on bail in the aforesaid Case Crime number on his furnishing personal bond and two reliable sureties each of the like amount to the satisfaction of the court concerned subject to following conditions:-
(1) Applicant will not try to influence the witnesses or tamper with the evidence of the case or otherwise misuse the liberty of bail.
(2) Applicant will fully cooperate in expeditious disposal of the case and shall not seek any adjournment on the dates fixed for evidence when witnesses are present in the Court.
(3) Applicant shall remain present, in person, before the trial court on the dates fixed.
(4) The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
(5) The computer generated copy of such order shall be self attested by the counsel of the party concerned.
(6) 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.
Any violation of above conditions will be treated misuse of bail and learned Court below will be at liberty to pass appropriate order in the matter regarding cancellation of bail.
Order Date :- 25.7.2022 Arjun/-