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2025 DAILYLAW 14604 (ALL)

SHEIKH ISMAIL v. STATE OF U.P.

BAIL/3465/2025 · 2025-02-27

Ashutosh Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:28664 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3465 of 2025 Applicant :- Sheikh Ismail Opposite Party :- State of U.P. Counsel for Applicant :- Arpana Ray,Kalpana Singh Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. Heard Ms. Arpana Ray, learned counsel for the applicant, Sri Anil Kumar Singh, learned AGA for the State-Respondent and perused the record. This bail application under Section 439 Cr.P.C. has been moved on behalf of accused-applicant, Sheikh Ismail, seeking enlargement on bail in Case Crime No. 189 of 2024, under Section 307 of the Indian Penal Code, Police Station Transport Nagar, District Meerut. Learned counsel for the applicant argued that the accused- applicant is innocent and he has been falsely implicated in this case crime number. Learned counsel for the applicant submits that it is a case of firing on police personnel in which no police personnel has sustained injury. He submits that nothing incriminating material has been recovered from the possession of the applicant. There is no independent witness of the alleged incident. He submits that in the present case, charge-sheet has been filed and the applicant is not required any custodial interrogation. No specific role and motive has been assigned to the applicant in the present case. The applicant has criminal antecedents of 10 cases which have been explained in the affidavit filed in support of the bail application. The applicant is languishing in jail since 10.06.2024. He further submits that there is no likelihood of his fleeing from course of justice or tampering with evidence in case of release on bail. It is further submitted that on the similar footing the co-accused Dilshad @ Mukaleshwar, Murrahman @ Mustafa, Firoz and Amir have already been granted bail by this Court vide orders dated 30.09.2024, 08.01.2025,21.11.2024 and 28.08.2024 respectively passed in Criminal Misc. Bail Application No. 31571 of 2024, 44086 of 2024, 42543 of 2024 and 31223 of 2024, therefore, applicant is also entitled to be released on bail. Hence, the bail has been prayed for. Learned counsel for the AGA has vehemently opposed, but could not dispute the aforesaid fact. 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. Accordingly, the bail application is allowed. Let the accused-applicant, Sheikh Ismail, 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 :- 28.2.2025 pks Digitally signed by :- PAWAN KUMAR SINGH High Court of Judicature at Allahabad