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2025 DAILYLAW 107834 (ALL)

SHAFIQ v. STATE OF U.P.

BAIL/42613/2024 · 2025-01-23

Ashutosh Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:11742 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 42613 of 2024 Applicant :- Shafiq Opposite Party :- State of U.P. Counsel for Applicant :- Imaran Ahmad Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. Heard Shri Imaran Ahmad, learned counsel for the applicant, Shri Ramendra Pal Singh, learned AGA for the State-respondents and perused the record. This bail application under Section 439 Cr.P.C. has been moved on behalf of accused-applicant, Shafiq , seeking enlargement on bail in Case Crime No. 665 of 2023 , under Sections 323, 324, 325, 504, 206, 308 of the IPC Police Station Ramgarh , District Firozabad. Learned counsel for the applicant argued that the accused- applicant is innocent. He has been falsely implicated in this very case crime number and is languishing in jail since 20.10.2024. Learned counsel for the applicant submits that general allegation has been levelled against the applicant. Section 325 and 308 have been added subsequently during investigation. Earlier in the medical report prepared by Government Hospital, the nature of injury was declared to be simple in nature. Later, in the private hospital the injured had been medically examined where nature of injuries have been declared as grievous in nature. Thus, the nature of injuries are manipulated one. Charge sheet in this case has already been submitted before the Court below on 8.1.2024. He has no criminal antecedent and there is no likelihood of his fleeing from course of justice or tampering with evidence in case of release on bail. Hence, bail has been prayed for. Learned AGA has vehemently opposed the prayer for bail. Considering all above facts and circumstances, the nature of accusations, severity of the punishment in the case of conviction and nature of supporting evidence, reasonable apprehension of tampering with the witness and prima facie case, but without commenting on merit of case, a case for bail is made out. Accordingly, the bail application is allowed. Let the accused-applicant, Shafiq, involved in above mentioned case crime number be released on bail, on his executing a personal bond and two reliable sureties each, in the like amount to the satisfaction of the court concerned, subject to the following conditions: 1. The applicant will not tamper with the evidence. 2. The applicant will not indulge in any criminal activity. 3. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial. 4. The applicant will appear regularly on each and every date fixed by the trial court, unless his personal appearance is exempted through counsel by the court concerned. In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail. Order Date :- 23.1.2025 Ravi Prakash (Ashutosh Srivastava, J.) Digitally signed by :- RAVI PRAKASH High Court of Judicature at Allahabad