Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 23042 of 2025 Court No. - 65 HON'BLE DR. GAUTAM CHOWDHARY, J.
1. Heard learned counsel for the applicant, Sri Iftakhar Ahmad, learned counsel for the informant, learned A.G.A for the State and perused the record. 2. Learned counsel for the applicant submits that according to the F.I.R. allegations, the applicant has enticed away the sister of the informant. Learned counsel for the applicant has contended that the applicant's first wife namely, Mantasha was died and that the victim of the instant case is the sister-in-law ( sali) of the applicant. He further submits that the victim is major and out of own free will had solemnised marriage with the applicant, thereafter the marriage has been registered before the Marriage Registrar Chandausi on 21.12.2021, copy of which is annexed as Annexure-5 to the affidavit accompanying the bail application. Learned counsel has drawn attention of this Court to Annexure-SA7 to the supplementary affidavit, which is compromise deed entered into between the parties and argued that the matter has been compromised between the applicant and the informant, therefore the applicant may be enlarged on bail. It has also been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required and is also ready to accept all the conditions Versus Counsel for Applicant(s) : Farid Ahmad, Mohammad Danish Counsel for Opposite Party(s) : G.A., Iftakhar Ahmad Shanu .....Applicant(s) State Of U.P. And 3 Others .....Opposite Party(s)
which the Court may deem fit to impose upon him. He next submits that applicant is languishing in jail since 19.05.2025. 3. Per contra, learned A.G.A. has opposed the prayer for bail of the applicant by contending that the innocence of the applicant cannot be adjudged at pre trial stage, therefore, he does not deserve any indulgence. 4. Learned counsel for the informant has verified the veracity of the compromise. He further submits that he has no objection, in case, the applicant is enlarged on bail. 5.
After perusing the record in the light of the submissions made at the bar and after taking an overall view of all the facts and circumstances of this case, the nature of evidence and also the absence of any convincing material to indicate the possibility of tampering with the evidence, without expressing any opinion on merits of the case, this Court is of the view, that the applicant may be enlarged on bail. 6. Let applicant Shanu involved in Case Crime No.521 of 2021 under Sections 363, 343, 376, 366 I.P.C., and Section 3/4 of POCSO Act, Police Station Chandausi, District Sambhal, be released on bail on furnishing a personal bond and two local heavy sureties each of the like amount to the satisfaction of the court concerned subject to the following conditions:- i) The applicant shall not tamper with the prosecution evidence. ii) The applicant shall not threaten or harass the prosecution witnesses. iii) The applicant shall appear on the date fixed by the trial court. iv) The applicant shall not commit an offence similar to the offence of which the applicant is accused, or suspected of the commission. BAIL No. 23042 of 2025 2
v) 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 such person from disclosing facts to the Court or to any police officer or tamper with the evidence. 7. In case of breach of any of the above condition, the trial Court shall be at liberty to cancel the bail of the applicant in accordance with law. 8. The bail application is allowed. (Dr. Gautam Chowdhary,J.)
March 19, 2026 S.Ali BAIL No. 23042 of 2025 3
Digitally signed by :- SHAUKAT ALI High Court of Judicature at Allahabad