Court No. - 51
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 16385 of 2021 Applicant :- Shabbu @ Shuaib Opposite Party :- State of U.P.
Counsel for Applicant :- Shweta Pandey,Imran Mabood Khan,Kuldeep Saxena,Vijit Saxena Counsel for Opposite Party :- G.A.,Amber Khanna,Anshul Tiwari,Raj Kumar Khanna,Renu Singh
Hon'ble Om Prakash-VII,J.
Heard Sri V.P.Srivastava, Senior Counsel, assisted by Ms. Shweta Pandey, learned counsel for the applicant, Ms. Renu Singh, learned counsel for the informant, learned A.G.A for the State and perused the record.
Submission of learned counsel for the applicant is that the applicant is innocent and has not committed the present offence. No active role has been assigned to the applicant. He was implicated in this case on the basis of provision of section 120- B I.P.C. At this juncture, learned counsel for the applicant referred to the contents of first information report and further argued that if entire prosecution case is taken into consideration, then also role of firing is attributed to co-accused Mulla Ismail. Applicant was not present on the spot as is clear from the first information report itself. Learned counsel for the applicant referred to the statements of witnesses recorded under section 161 Cr.P.C. and further argued that applicant is in jail since 3.2.2021 having no criminal history.
On the other hand, learned AGA and learned counsel for the informant opposed the prayer for bail and argued that there was previous enmity between deceased and applicant and present incident was committed due to conspiracy hatched by the applicant. There is clear evidence in this regard. First information report itself shows that informant was also present on the spot. He has heard the words stated by co-accused Mulla Ismail while committing the present offence. A prima facie case is made out against the applicant.
Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and keeping in view the nature of offence, evidence, complicity of accused and without expressing any opinion on 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 Shabbu @ Shuaib involved in Case Crime No.
565 of 2020, under Sections 120-B and 302 IPC P.S. Galshahid District - Moradabad be released on bail on furnishing each a personal bond and two heavy sureties each in the like amount to the satisfaction of the court concerned subject to following conditions.
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.
The party shall file self attested computer generated copy of this order downloaded from the official website of High Court, Allahabad. 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.
Order Date :- 29.7.2021 Gss