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2025 DAILYLAW 109294 (ALL)

SHAZAIB v. State of U.P.

BAIL/44259/2024 · 2025-01-27

Ashutosh Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:13810 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 44259 of 2024 Applicant :- Shazaib Opposite Party :- State of U.P. Counsel for Applicant :- Alok Kumar Gupta Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. Heard learned counsel for the applicant, Sri Shashank Singh, learned brief holder 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, Shazaib, seeking enlargement on bail in Case Crime No.166 of 2024, under Sections 147, 148, 149, 323, 354 (ka), 341, 307, 504 of the Indian Penal Code, Police Station Lisari Gate, District Meerut. 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 18.05.2024. It is also submitted that the co-accused Shubhan and Sakib having identical role have already been granted bail by this Court vide order dated 21.11.2024 and order dated 02.01.2025 passed in Criminal Misc. Bail Application Nos.38558 of 2024 and 38037 of 2024, therefore, the applicant is also entitled to be released on bail on the ground of parity. Learned AGA has vehemently opposed the prayer for bail but could not dispute the aforesaid facts. Having heard and gone through materials placed on record, it is apparent that the case of the present applicant is on better footing than the case of other co-accused persons who have been granted 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, Shazaib, 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 :- 27.1.2025 Asha Digitally signed by :- ASHA High Court of Judicature at Allahabad