Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:41518
Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3343 of 2025 Applicant :- Mohd. Shahanbaj Opposite Party :- State of U.P. Counsel for Applicant :- Sudhir Kumar Pandey Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J.
1. Heard Shri Sudhir Kumar Pandey, learned counsel for the applicant, Shri Yagyavalk Pandey, learned AGA for the State- opposite party and perused the record. 2. This bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been moved on behalf of accused- applicant seeking enlargement on bail in Case Crime No. 393 of 2024, under Sections 318(4), 303(2), 317(2), 319(2) of the Bharatiya Nyaya Sanhita, 2023 and section 66(D) of I.T. Act, Police Station Jani, District Meerut. 3. 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 11.12.2024. 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. 4. Learned counsel for the applicant submits that no offence as alleged in the FIR has been made out against the applicant. There is no direct evidence against the applicant, which support the prosecution version. Co-accused namely Altamas, Mohd. Nadeem Sardar and Ashish have already been enlarged on bail vide orders dated 27.01.2025, 17.02.2025 and 17.02.2025 passed by the co- ordinate Bench of this Court in Crl. Misc Bail Applications No. 1647 of 2025, 1058 of 2025 and 1183 of 2025, respectively. Case of the applicant is on better footing than the co-accused persons, who are on bail. Hence, bail has been prayed for. 5. Learned AGA has vehemently opposed, but could not dispute the fact that applicant has no criminal antecedents. 6. Considering all those 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. 7. Accordingly, the bail application is allowed. 8. Let the accused-applicant, Mohd.
Shahanbaj, 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: i. The applicant will not tamper with the evidence. ii. The applicant will not indulge in any criminal activity. iii. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial. iv. 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. 9. 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 :- 6.3.2025 VS Digitally signed by :- VIBHA SINGH High Court of Judicature at Allahabad Digitally signed by :- VIBHA SINGH High Court of Judicature at Allahabad