Back
IN THE HIGH COURT OF ALLAHABAD
Hon'ble Sameer Jain,J.
Shafeeq Alias Gatua – Appellant
Versus
State of U.P. – Respondent
JUDGMENT :
Sameer Jain, J.
1. Supplementary affidavit filed today on behalf of the applicant is taken on record.
2. Heard Sri Irshad Ahmad, learned counsel for the applicant and Sri Rajeev Dhar Dwivedi, learned AGA for the State.
3. The instant bail application has been filed seeking release of the applicant on bail in Case Crime No. 185 of 2024, under Sections 395, 412 IPC, Police Station Milak, District Rampur during pendency of the trial.
4. Learned counsel for the applicant submitted that initially FIR of the present case was lodged under Section 392 IPC against unknown persons but during investigation case has been converted under Sections 395, 412 IPC.
5. He further submits, as per allegation, during investigation applicant has been arrested along with co-accused Danish and Intekab Ali and from their possession the alleged looted money Rs. 2,70,000/- were recovered but after considering the entire facts of the case co-accused Danish and Intekab Ali have been released on bail by this Court vide orders dated 05.08.2024 and 04.09.2024 passed in Criminal Misc. Bail Application Nos.27670 of 2024 and 24131 of 2024 respectively and on facts case of applicant is at par with them.
6. He furt
The court held that prior criminal history does not automatically preclude bail if the circumstances warrant it, emphasizing the need for parity with co-accused and considering the duration of custod....
Bail can be granted for additional charges if the applicant has previously been released on bail and lacks a criminal history.
The court held that the provisions of Section 37 of the N.D.P.S. Act do not apply as the recovered quantity of Heroin is not commercial, allowing bail based on the applicant's history and lack of sub....
The court granted bail to the applicant based on parity with a co-accused released on bail, considering the duration of custody and nature of offences.
The principle of parity, potential trial duration, and satisfactory jail conduct are key factors in granting bail.
The court emphasized that individual circumstances, such as the duration of incarceration and absence of a criminal history, are crucial in deciding bail applications.
Point of law : Offence of Robbery - Bail rejected - Applicant is a repeated offender and has a long criminal history of 17 cases - Rights of accused are important, but equally important is societal i....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
