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SHAHNAWAZ versus STATE OF U.P.

High Court of Judicature at Allahabad

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Shahnawaz v. State Of U.P. - CRIMINAL MISC. BAIL APPLICATION No. 10180 of 2004 [2006] RD-AH 368 (5 January 2006)

 

This is an UNCERTIFIED copy for information/reference. For authentic copy please refer to certified copy only. In case of any mistake, please bring it to the notice of Joint Registrar(Copying).

HIGH COURT OF JUDICATURE OF ALLAHABAD

Court No. 19

Crl. Misc. Bail Application No.10180 of 2004

Shahnawaz .....Vs.....State of U.P.

...

Hon'ble Alok Kumar Singh, J.

Learned A.G.A. has filed counter affidavit. Let it be taken on record.

Heard learned counsel for the applicants and learned A.G.A. and also perused the material on record.

The applicant Shahnawaz is involved in case crime No.84 of 2004, for the offence under Section 302 I.P.C. read with Section 3(2) 5 S.C./ S.T. Act and Section 7 of Criminal Law Amendment Act, Police Station Sarai Meer, district Azamgarh.

It is submitted that on similar facts and allegations co accused Ashad  and Mohd. Daud have already been granted bail by this Court vide separate orders dated 6.12.2005 and 14.12.2005 passed in Criminal Misc. bail application No. 2353 of 2005 and 17243 of 2005 respectively and as such the applicant is also entitled  for bail on the ground of parity.

Learned A.G.A., however, pointed out that there is criminal history  of one case Crime No. 152 of 2002 under Section 307/504 I.P.C. against the applicant. But as pointed out by learned counsel for the applicant, the learned Private counsel for the complainant Sri D.N. Pandey  conceded that the applicant alongwith other co-accused have been acquitted in this case. But now  revision is pending.

Looking to the facts and circumstances of the case, it appears to be a fit case for bail on the ground of parity.

Let the applicant Shahnawaz involved  in case Crime No. No.84 of 2004, for the offence under Section 302 I.P.C. read with Section 3(2) 5 S.C./ S.T. Act and Section 7 of Criminal Law Amendment Act, Police Station Sarai Meer, district Azamgarh be enlarged on bail on his furnishing a personal pond  and two sureties  each in the like amount to the satisfaction of the court concerned.

 The applicant  shall also give an undertaking before the court concerned that he shall not tamper with the evidence or threaten the witnesses  after he is released on bail and shall also cooperate in expeditious trial of the case. It will be open to the trial court  to cancel his bail bonds in case any lapse if found on the part of the applicant.

Dt. 5.1.2006.

Rkb.


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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