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2025 DAILYLAW 111733 (ALL)

ISMAIL SHAH v. STATE OF U.P.

BAIL/46161/2024 · 2025-03-18

Deepak Verma

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:39416 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 46161 of 2024 Applicant :- Ismail Shah Opposite Party :- State of U.P. Counsel for Applicant :- Prem Chandra Dwivedi Counsel for Opposite Party :- G.A.,Himanshu Mishra Hon'ble Deepak Verma,J. 1. Supplementary affidavit filed today by learned counsel for the applicant, is taken on record. 2. Heard learned counsel for the applicant, learned counsel for the informant, 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. 385 of 2024, registered under Sections 323, 504, 506, 420, 467, 468, 471 I.P.C., Police Station- Vrindavan, District- Mathura, during pendency of the trial. 4. Learned counsel for the applicant submitted that the applicant is innocent and has been falsely implicated in the present case due to ulterior motive. Allegation alleged in the first information report is false and baseless. He next submitted that similarly placed co- accused, namely, Rajesh Shah and Aslam Shah, have been granted bail by a Co-ordinate Bench of this Court vide orders dated 08.01.2025 and 06.03.2025 passed in Criminal Misc. Bail Application Nos. 46712 of 2024 and 42727 of 2024, respectively. Applicant claims parity with the co-accused persons. Criminal history of the applicant has been explained in the bail application. Applicant is languishing in jail since 06.09.2024. In case, the applicant is released on bail, he will not misuse the liberty of bail and co-operate in trial. 5. Learned A.G.A. has opposed the bail prayer of the applicant. 6. Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and keeping in view the nature of offence, evidence, complicity of accused and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed. 7. Let the applicant- Ismail Shah, who is involved in the aforesaid case 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 subject to following conditions. Further, before issuing the release order, the sureties be verified. (i) The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial. (ii) The applicant shall cooperate in the trial 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. 7. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Order Date :- 19.3.2025 Aditya Digitally signed by :- ADITYA KUSHWAHA High Court of Judicature at Allahabad