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2025 DAILYLAW 172423 (ALL)

AFJAL SHAH v. STATE OF U.P.

BAIL/36931/2025 · 2025-10-27

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Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 36931 of 2025 Court No. - 64 HON'BLE VIVEK VARMA, J. 1. Sri Sadhu Sharan, Advocate, has filed his Vakalatnama on behalf of the informant. The same is taken on record. 2. Heard learned counsel for the applicant, Sri Anupam Anand, learned Brief Holder for the State-opposite party, and Sri Sadhu Sharan, learned counsel for the informant. 3. The present bail application has been filed with the prayer to enlarge the applicant on bail in Case Crime No. 254 of 2025, under Section 105 B.N.S., Police Station Kasimabad, District Ghazipur during the pendency of the trial. 4. Learned counsel for the applicant submits that the applicant has been falsely implicated in the present case. As per the first information report, the applicant along with two named accused is alleged to have assaulted the uncle of the informant. According to the postmortem report, the deceased had sustained five injuries. Injury No. 1 was on the head and other injuries were on non-vital parts of the body. In the opinion of the doctor, the cause of death is ante mortem head injury. It is contended that vague and general role has been assigned to the applicant. The applicant has not been nominated as the principal offender who caused injury on the head of the deceased. The applicant is in jail since 12.07.2025 having no criminal history and if he is released on bail, he will not misuse the said liberty. Versus Counsel for Applicant(s) : Ranjana Singh, Shesh Nath Singh Yadav Counsel for Opposite Party(s) : G.A. Afjal Shah .....Applicant(s) State of U.P. .....Opposite Party(s) 5. Learned Brief Holder for the State and learned counsel for the informant have opposed the prayer for bail but could not satisfactorily dispute the aforesaid submissions from the record. 6. Having heard learned counsel for the parties and after perusal of the record, this Court prima facie finds that vague and general role has been assigned to the applicant. The applicant has not been nominated as the principal offender who caused injury on the head of the deceased. The applicant has no criminal antecedents. Moreover, the applicant has remained confined for more than three months and after submission of the charge-sheet there is no hope of early conclusion of trial, and no reasonable apprehension has been brought to the fore by the State that the applicant, if enlarged on bail, would either tamper with the evidence or delay the trial or intimidate the witness, therefore, without commenting on the merits of the case, I am of the opinion that the applicant is entitled to be enlarged on bail. 7. Let the applicant- Afjal Shah, involved in the aforesaid case, be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of Court concerned subject to the conditions that he: (i) shall appear on the date fixed by the trial court; (ii) shall not tamper with the prosecution evidence; and, (iii) shall not pressurize the prosecution witnesses. 8. In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court. October 28, 2025 SKT/- BAIL No. 36931 of 2025 2 (Vivek Varma,J.) Digitally signed by :- SHIVA KANT TIWARI High Court of Judicature at Allahabad