Allahabad High Court
Shamshul Huda vs State Of U.P. on 2 December, 2019
Author: Siddharth
Bench: Siddharth
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 72 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 48916 of 2019 Applicant :- Shamshul Huda Opposite Party :- State of U.P. Counsel for Applicant :- Shahroze Khan Counsel for Opposite Party :- G.A.,Prabhakar Dubey Hon'ble Siddharth,J.
Heard learned counsel for the applicant, Sri Prabhakar Dubey, learned counsel for the informant, learned AGA for the State and perused the material placed on record.
The instant bail application has been filed on behalf of the applicant, Shamshul Huda, with a prayer to release him on bail in Case Crime No. 97 of 2018, under Sections 366, 376-D, 323, 506 IPC, Police Station Jogiya Udaipur, District- Siddharth Nagar, during pendency of trial.
Submission is that the applicant has been implicated only for the alleged offence. The victim has already married, Mohd. Shaffique, after approaching this Court. The applicant has criminal history of 23 cases. The applicant is languishing in jail since 06.11.2018. In case, the applicant is released on bail, he will not misuse the liberty of bail. He has been acquitted in 18 cases, in one case he has been convicted and in two cases he has not been served with summons.
Learned counsel for the informant has vehemently the bail application of the applicant along with learned AGA has submitted that the applicant has criminal history to 23 cases and he keeps on threatening the villagers as clear from his criminal history. Applicant is a notorious person. The marriage with 'Shaffique' has been somenlized for the purpose of protection of the applicant in this case. In case the applicant is released on bail he will again indulge in similar activities and will misuse the liberty of bail.
The applicant is directed to be released on bail in the aforesaid crime for the period of three months 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.
List this bail application on 2nd March, 2020.
In case applicant abuses the bail, the informant shall be at liberty to file bail cancellation application or inform this court about the same on the next date fixed.
Order Date :- 2.12.2019 SS