Shoaib v. State of U.P

Court No. - 75 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 45305 of 2023 Applicant :- Shoaib Opposite Party :- State of U.P. Counsel for Applicant :- Vineet Singh Parmar,Mohd. Khalid Counsel for Opposite Party :- G.A. Hon'ble Umesh Chandra Sharma,J.

¶1Heard learned counsel for the applicant, learned AGA for the State and perused the record.

¶2The instant bail application has been filed with a prayer to enlarge the applicant on bail in Case Crime No.66 of 2023, under Sections 395, 412 IPC, Police Station Ratanpuri, District Muzaffar Nagar, during the pendency of trial.

¶3Learned counsel for the applicant submits that the applicant has been falsely implicated in the present case. The applicant was not named in the FIR. His name has come into picture on the confessional statement of the co-accused, Imran @ Bhura who has already been enlarged on bail by this Court vide order dated 28.11.2023 passed in Criminal Misc. Bail Application No.42438 of 2023 on which basis he claims as his case is on the better footing to that aforesaid co-accused. There is no independent witness of the alleged incident. He further contends that there is criminal history against the applicant which has been explained in paragraph-12 of the affidavit filed in support of the bail application. There is no likelihood of his abscondence or tampering with the evidence. He is in jail since

28.06.2023. In case the applicant is enlarged on bail, he will not misuse the said liberty.

¶4Learned AGA has opposed the prayer for bail but could not satisfactorily dispute the aforesaid submissions advanced by the counsel for the applicant, from the record.

¶6Having regard to the facts, circumstances and the submissions made but without commenting on merits of the case, this Court is of opinion that the applicant is entitled to be enlarged on bail. Accordingly, the bail application is allowed.

¶7Let the applicant - Shoaib, involved in the aforesaid case crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to the conditions that he:

(i) shall appear on the date fixed by the trial court;

(ii) shall not tamper with the prosecution evidence;

(iii) shall not pressurize the prosecution witnesses.

¶8In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court. Order Date :- 6.12.2023 Shahroz High Court of Judicature at Allahabad