Allahabad High Court
Samran Ahmad @ Shamran Ahmad vs State Of U.P. on 2 December, 2022
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 70 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 54000 of 2022 Applicant :- Samran Ahmad @ Shamran Ahmad Opposite Party :- State of U.P. Counsel for Applicant :- Irshad Ahmad Counsel for Opposite Party :- G.A. Hon'ble Nalin Kumar Srivastava,J.
Heard learned counsel for the applicant as well as learned A.G.A for the State and perused the record.
The submission of learned counsel for the applicant is that the applicant is quite innocent and has been falsely implicated in the present case with the ulterior motive. It is further submitted that general allegation has been levelled against all the accused and no specific role has been assigned to the present applicant. It is further submitted that co-accused Shamshad Ahmad has been granted bail by this Court in Crl. Misc. Bail Application No. 48745 of 2022 vide order dated 14.11.2022. It is also submitted that most of the accused have been granted bail. Claiming parity, pleading false implication it is contended that the applicant has been languishing in jail since 11.6.2022 and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
On the other hand, learned A.G.A. opposed the prayer for bail.
It appears from the perusal of record that the accused is named in the F.I.R. whereas the F.I.R. has been lodged against 70 known accused and about 5000 unknown accused persons. Simple injuries have been caused to the injured persons. General role has been assigned to all the accused persons. Identically placed co-accused persons have already been granted bail by this Court. Grounds taken in the bail application are sufficient. Hence, keeping in view the nature of the offence, evidence, complicity of accused, severity of punishment, submissions of the learned counsel for the parties, the dictum of Apex Court in the case of Dataram Singh vs. State of U.P. and another, (2018) 3 SCC 22 and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let the applicant Samran Ahmad @ Shamran Ahmad involved in Case Crime No.118 of 2022, under Sections 143, 144, 145, 147, 148, 149, 153A, 153B, 295A, 201, 511, 307, 332, 333, 353, 395, 435, 436, 427, 504, 505(2), 506, 120B I.P.C., Sections 3, 4/5 of Explosive Substance Act, Section 7 of Criminal Law Amendment Act, Section 83 of Juvenile Justice (Care and Protection of Children) Act, 2015 and Section 3/4 of Prevention of Damages to Public Property Act, 1984, Police Station Khuldabad, District Prayagraj be released on bail on furnishing a personal bond and two heavy sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified.
1. The applicant will not tamper with the evidence during the trial.
2. The applicant will not pressurize/ intimidate the prosecution witness.
3. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.
5. 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 him from disclosing such facts to the Court or to any police officer or tamper with the evidence.
In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court.
Submission and observation recorded in the matter are only for the purpose of deciding the bail application. Trial court shall not be influenced in any way with the said observation / submission while deciding the trial.
Order Date :- 2.12.2022 ss