Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 35063 of 2025 Court No. - 69 HON'BLE ARUN KUMAR SINGH DESHWAL, J.
1. Supplementary affidavit filed today is taken on record. 2. Heard Sri Akash Kishan, learned counsel for the applicant, Sri Rakesh Kumar Mishra, learned A.G.A. for the State and perused the record. 3. The instant bail application has been filed with a prayer to release the applicant on bail in Case Crime No.177 of 2025, under Sections- 109(1), 352, 126(2), 3(5) BNS, Police Station-Tindwari, District- Banda, during the pendency of the trial. 4. Contention of learned counsel for the applicant is that the allegation of causing injury to injured has been made against three persons including the applicant but the injured received only one head injury which creates doubt over the prosecution story. It is further submitted that co-accused Smt. Anisha, has already been released on bail by a coordinate Bench of this Court in Criminal Misc. Bail Application No.31751 of 2025 vide order dated 23.09.2025. It is further submitted that the applicant has no criminal history. It is further submitted that charge sheet has been filed in the present case on 21.09.2025, therefore, there is no requirement of custodial interrogation. The applicant is a law abiding citizen and he is languishing in jail since 08.08.2025. In case, he is granted bail, he will not misuse the liberty of bail and would cooperate in the trial proceedings. 5. Learned A.G.A. has opposed the prayer for bail but could not dispute the aforesaid fact that allegation is against three persons regarding one injury. Versus Counsel for Applicant(s) : Akash Kishan, Ashok Gupta Counsel for Opposite Party(s) : G.A. Shafiq Ahmad Alias Nanhe .....Applicant(s) State of U.P. .....Opposite Party(s)
6. Considering the aforesaid submission and taking into account that the general allegation has been made against three persons including the applicant and injured received only one injury and keeping in view the nature of offence, evidence, complicity of accused and without expressing any opinion on the merits of the case, I am of the opinion that the applicant is entitled to be enlarged on bail. 7.
Let the applicant- Shafiq Ahmad @ Nanhe, involved in the aforementioned crime be released on bail, on his furnishing a personal bond and two sureties each in the like amount, to the satisfaction of the court concerned, with the following conditions:- i. 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. ii. The applicant shall cooperate in the trial/investigation sincerely without seeking any adjournment. iii. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail. iv. The applicant shall attend in accordance with the conditions of the bond executed by him. 8. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 9. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted. October 13, 2025 S.C.
BAIL No. 35063 of 2025 2 (Arun Kumar Singh Deshwal,J.) Digitally signed by :- SHUBHAM CHAURASIA High Court of Judicature at Allahabad