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2025 DAILYLAW 104407 (ALL)

MOHAMMAD SHAD v. STATE OF U.P.

BAIL/35126/2025 · 2025-10-12

Arun Kumar Singh Deshwal

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 35126 of 2025 Court No. - 69 HON'BLE ARUN KUMAR SINGH DESHWAL, J. 1. Supplementary affidavit filed today is taken on record. 2. Heard Sri Manish Kumar Singh, learned counsel for the applicant, Sri Rakesh Kumar Mishra, learned A.G.A. for the State and perused the record. 3. Instant bail application has been filed with a prayer to release the applicant on bail during the trial in Case Crime No. 185 of 2025, under Sections 109(1), 190, 118(1), 115(2), 191(2), 191(3), 351(3) B.N.S., Police Station- Sonha, District Basti. 4. Contention of learned counsel for the applicant is that the applicant was not named in the FIR but subsequently in the statement of injured Arjun, general allegations have been made for his involvement and other co- accused persons. From perusal of the statement of injured Arjun, it is clear that specific allegation has been made against the co-accused Sahil for causing serious injury. There are general allegations against the applicant and other family members. He further submitted that the applicant has no criminal history and he is languishing in jail since 18.08.2025. In case, he is granted bail, he will not misuse the liberty of bail and would cooperate in the trial proceedings. 5. On the other hand, learned A.G.A. for the State opposed the prayer for bail but could not dispute the aforesaid facts. Versus Counsel for Applicant(s) : Gaurav Kumar Shukla, Manish Kumar Singh Counsel for Opposite Party(s) : G.A. Mohammad Shad .....Applicant(s) State of U.P. .....Opposite Party(s) 6. Thus, considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and taking into account of the fact that specific allegation has been made against co-accused Sahil and so far as present applicant is concerned, he has been implicated on the basis of general allegation 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. 7. Let the applicant- Mohammad Shad 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 A.Kr. BAIL No. 35126 of 2025 2 (Arun Kumar Singh Deshwal,J.) Digitally signed by :- AJAY KUMAR High Court of Judicature at Allahabad