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2025 DAILYLAW 172420 (ALL)

PANKAJ SHAH v. STATE OF U.P.

BAIL/33847/2025 · 2025-10-27

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 33847 of 2025 Court No. - 68 HON'BLE ASHUTOSH SRIVASTAVA, J. Heard Ms. Pratibha Jaiswal, learned counsel for the applicant and Shri Manoj Kumar Singh, learned A.G.A. for the State and perused the record. This bail application under Section 483 B.N.S.S. has been moved on behalf of accused-applicant, Pankaj Shah, seeking enlargement on bail in Case Crime No. 134 of 2022, under Sections 3/25/27 of Arms Act, Police Station- Anpara, District-Sonbhadra. 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 26.07.2022. Learned counsel for the applicant submits that a First Information Report was lodged by the first informant with the allegation that on the information of informer the police party arrested the applicant and two other persons and shows recovery of one 9 mm pistol and Rs. 1895/- from the possession of the applicant. Learned counsel for the applicant submits that the recovery shown from the applicant is planted one as there is no independent witness of the aforesaid recovery. Learned counsel for the applicant further submits in the present case charge sheet has been filed on 17.09.2022 and there is no further need of custodial interrogation of the applicant. After arguing at some length learned counsel for the applicant submits that the applicant is languishing in jail since last more than three years. Criminal history of four cases has been properly explained in the supplementary affidavit filed today and there is no likelihood of his fleeing from course of justice or tampering with evidence in Versus Counsel for Applicant(s) : Pratibha Jaiswal Counsel for Opposite Party(s) : G.A. Pankaj Shah .....Applicant(s) State of U.P. .....Opposite Party(s) case of release on bail. Hence, bail has been prayed for. Learned AGA has vehemently opposed, but could not dispute the fact that applicant is languishing in jail since last more than three years. 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, Pankaj Shah, 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. October 28, 2025 Deepak/ BAIL No. 33847 of 2025 2 (Ashutosh Srivastava,J.) Digitally signed by :- DEEPAK KUMAR KUSHWAHA High Court of Judicature at Allahabad