Shamshad Ahmad v. State of U.P. Thru. Prin. Secy. Home Lko

Court No. - 16 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13070 of 2023 Applicant :- Shamshad Ahmad Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Deo Prakash Mishra Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.

¶1Heard Sri Deo Prakash Mishra, learned counsel for the applicant, Sri Sanjay Maurya, learned A.G.A. for the State and perused the records.

¶2The instant application has been filed seeking release of the applicant on bail in Case Crime No.150 of 2017, under Sections 307, 506 I.P.C., registered at Police Station Hanswar, District Ambedkar Nagar.

¶3The aforesaid case has been registered on the basis of an F.I.R. lodged on 05.11.2017 against four persons, including the applicant, stating that the applicant's son had married the sister of co-accused, Rizwan Ahmad Khan against the wishes of her family members and because of the aforesaid animosity, on the basis of exhortation of the applicant, co-accused Rizwan assaulted his sister with knife.

¶4In the affidavit filed in support of bail application, it has been stated that the applicant is innocent, he has been falsely implicated in the present case and he has no criminal history. Co-accused Rizwan against whom allegation of exhortation has been leveled has already been granted bail by means of the order dated 10.05.2018 passed in CRIMINAL MISC. BAIL APPLICATION No.3539 of 2018.

¶5The learned A.G.A. has opposed the prayer for bail but he could not dispute the aforesaid aspects of the matter.

¶6Having considered the aforesaid facts and circumstances of the case and without making any observation, which may affect the merits of the case, I am of the view that the aforesaid facts are sufficient for making out a case for enlargement of the applicant on bail in the aforesaid crime.

¶7Accordingly, this bail application stands allowed.

¶8Let the applicant-Shamshad Ahmad be released on bail in aforementioned case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:-

(i) the applicant shall not tamper with the prosecution evidence;

(ii) the applicant shall not pressurize the prosecution witnesses;

(iii) the applicant shall appear on each and every date fixed by the trial court. (Subhash Vidyarthi, J.) Order Date :- 6.11.2023 prateek High Court of Judicature at Allahabad, Lucknow Bench