SHAMSHAD v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. HOME LKO. AND 3 OTHERS
BAIL/9989/2025 · 2025-11-03
Pankaj Bhatia
body2025
DailyLaw.ai
[ 2025 DAILYLAW 175116 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 175116 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 9989 of 2025 Court No. - 12 HON'BLE PANKAJ BHATIA, J.
1. Heard learned counsel for the applicant, learned AGA for the State and Shri Sachidanand Tiwari, learned counsel for the informant whose vakalatnama filed today is taken on record. 2. The accused-applicant seeks bail in FIR/Case Crime No.46 of 2025 under Sections 87, 137(2), 103(1), 238/3(5), 61(2), 140(1), 70(1) of BNS, Section 5g/6 of POCSO Act and Section 3/5 of UP Prohibition of Unlawful Religious Conversion Act, P.S.- Padhua, District- Kheri. 3. In terms of the FIR, it was alleged that the daughter of the informant, aged about 18 years, was enticed away by one Asif @ Chhotu, named in the FIR. Subsequently, the body of the victim was recovered. The applicant was not named in the FIR. However, on the statement of co- accused Zibrail, the name of the applicant along with the other co- accused, namely Asif @ Chhotu, Rajjav etc. was appeared. It is stated that apart from the statement of co-accused, no material exists to implicate the applicant in the crime in question. It is further argued that co-accused Chanda @ Rajjo has already been enlarged on bail by this Court vide order dated 13.10.2025 passed in Criminal Misc. Bail Application No.7078 of 2025. 4. Learned AGA and learned counsel for the informant have opposed the Versus Counsel for Applicant(s) : Shivendra Pratap Singh Counsel for Opposite Party(s) : G.A. Shamshad .....Applicant(s) State Of U.P. Thru. Prin. Secy. Deptt. Home Lko. And 3 Others .....Opposite Party(s)
bail application. 5. Considering the fact that there exists no material to implicate the applicant in the present case except the confessional statement of the co- accused coupled with the fact that the co-accused has already been enlarged on bail, applicant is in custody since 01.02.2025 and has no previous criminal antecedent, I am of the view that the applicant is entitled to be enlarged on bail. In view thereof, the application is allowed. 6.
Let the applicant- Shamshad be released on bail in aforesaid FIR/Case Crime Number subject to her furnishing a personal bond and two reliable sureties of Rs.20,000/- (Twenty Thousand) each of the like amount with the following conditions: (a) The applicant shall execute a bond to undertake to attend the hearings; (b) The applicant shall not commit any offence similar to the offence of which she is accused or suspected of the commission; and (c) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade her from disclosing such facts to the Court or to any police officer or tamper with the evidence. November 3, 2025 V. Sinha BAIL No. 9989 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- VAISHALI SINHA High Court of Judicature at Allahabad, Lucknow Bench