SHEKH GULFIKAR ALIAS SHEKH GULFEKAR v. STATE OF U.P.
BAIL/33369/2025 · 2025-10-09
Vivek Varma
body2025
DailyLaw.ai
[ 2025 DAILYLAW 101352 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 101352 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 33369 of 2025 Court No. - 64 HON'BLE VIVEK VARMA, J.
1. Heard learned counsel for the applicant and Sri Shashank Shekhar Pandey, learned A.G.A. for the State-opposite party. 2. The present bail application has been filed with the prayer to enlarge the applicant on bail in Case Crime No. 254 of 2025, under Sections 111, 178, 179, 180 B.N.S., Police Station Khaga, District Fatehpur during the pendency of the trial. 3. Learned counsel for the applicant submits that the applicant was not named in the first information report and has been falsely implicated in the present case. The name of the applicant surfaced during the course of investigation. False recovery of Rs.3000/- counterfeit currency has been shown from the applicant. There is no independent witness to the alleged recovery. It is next contended that the applicant is not a member of any organized crime syndicate nor he acted on behalf of such syndicate. The applicant is in jail since 19.07.2025 having no criminal history and if he is released on bail, he will not misuse the said liberty. 4. Learned A.G.A. has opposed the prayer for bail but could not satisfactorily dispute the aforesaid submissions from the record. 5. Having heard learned counsel for the parties and after perusal of the record, this Court prima facie finds that the applicant was not named in the first information report, the name of the applicant surfaced during the course of investigation and there is no independent witness to the alleged recovery. The applicant has no criminal antecedents. Moreover, the applicant has Versus Counsel for Applicant(s) : Kripa Kant Pandey, Rahul Mishra Counsel for Opposite Party(s) : G.A. Shekh Gulfikar Alias Shekh Gulfekar .....Applicant(s) State of U.P. .....Opposite Party(s)
remained confined for more than two months and after submission of the charge-sheet there is no hope of early conclusion of trial, and no reasonable apprehension has been brought to the fore by the State that the applicant, if enlarged on bail, would either tamper with the evidence or delay the trial or intimidate the witness, therefore, without commenting on the merits of the case, I am of the opinion that the applicant is entitled to be enlarged on bail. 6.
6. Let the applicant- Shekh Gulfikar alias Shekh Gulfekar, involved in the aforesaid case, be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of Court concerned subject to the conditions that he: (i) shall appear on the date fixed by the trial court; (ii) shall not tamper with the prosecution evidence; and, (iii) shall not pressurize the prosecution witnesses. 7. In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court. October 10, 2025 SKT/- BAIL No. 33369 of 2025 2 (Vivek Varma,J.) Digitally signed by :- SHIVA KANT TIWARI High Court of Judicature at Allahabad