SHAMSDHAD @ DANIYAR versus STATE OF U.P.

High Court of Judicature at Allahabad

Indian Supreme Court Cases / Judgements / Legislation

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Shamsdhad @ Daniyar v. State Of U.P. - CRIMINAL MISC. BAIL APPLICATION No. 6003 of 2006 [2006] RD-AH 6898 (29 March 2006)

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HIGH COURT OF JUDICATURE OF ALLAHABAD

Hon'ble Ravindra Singh , J.

Heard learned Counsel for the applicant and learned A.G.A.

It is submitted by learned counsel for the applicant that the applicant is not named in the F.I.R. He has not been put up for identification. During investigation the name of the applicant came into light as an accused. He was taken on police remand. At his pointing out one bag containing cloths , visiting card and calculator were recovered on 31.1.2006. The recovery was not supported by any independent witness.

It is opposed by the learned A.G.A. by submitting that the applicant is having criminal antecedents. In case he is released on bail he shall tamper with the evidence and chances of absconding are also there.

After considering the facts and circumstances of the case and the submissions made by the learned counsel for the applicant and learned A.G.A. and without entering into the merits of the case, the applicant is entitled to be released on bail.

Let the applicant Shamsdhad @ Daniyar involved in Case Crime No. 833 of 2005, under Sections 394/411 I.P.C., Police Station Kanth , District Moradabad be released on bail on his furnishing a personal bond and two  heavy sureties each of the like amount to the satisfaction of the Court concerned with the condition that the applicant shall appear before the court of learned C.J.M., Moradabad in the first week of each month, in default it shall be open for the learned C.J.M. concerned to cancel the bail granted to the applicant.

Dt: 29.03.2006

Rcv/-6003-06

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