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2025 DAILYLAW 18454 (ALL)

SHAUKAT KANJAD v. STATE OF U.P.

BAIL/5918/2025 · 2025-04-22

Mayur Jain Jt Registrar J Listing

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:61415 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5918 of 2025 Applicant :- Shaukat Kanjad Opposite Party :- State of U.P. Counsel for Applicant :- Salman Ahmad Counsel for Opposite Party :- G.A. Hon'ble Chandra Dhari Singh,J. 1. Instant application filed under Section 483 of B.N.S.S seeking bail in Case Crime No. 210 of 2024, under Sections 457, 380, 411 of I.P.C., Police Station Kotwali Orai, District Jalaun. 2. Learned counsel appearing for the applicant submitted that applicant is innocent, not named in the F.I.R. and he has been falsely implicated in the present case due to ulterior motive. He has not committed any offence as alleged in the F.I.R. Recovery shown from the possession of the applicant are false as there are no independent witness of the alleged recovery. Learned counsel further submitted that the other co-accused Anil Kanjad and Ramkresh, whose cases stands on similar footing, have already been granted bail by the co-ordinate Bench of this Court vide order dated 17.03.2025 passed in Criminal Misc. Bail Application No. 694 of 2025. Applicant is languishing in jail since 07.06.2024. It is also undertaken on behalf of applicant that he will abide by all terms and conditions as imposed by this Court while granting bail. Learned counsel for the applicant further submitted that in view of the aforesaid facts and circumstances, applicant may also be released on bail. 3. Per contra, learned counsel appearing on behalf of State who has accepted notice in advance, vehemently opposed the instant bail application but not contradicted the facts as stated by learned counsel for the applicant that other co-accused namely Anil Kanjad and Ramkresh, have already been enlarged on bail by the Co-ordinate Bench of this Court. 4. Heard learned counsel for the applicant as well as learned A.G.A. appearing on behalf of the State in advance notice and perused the material on record. 5. Taking into consideration all entirety of the matter as discussed above and the fact that the other co-accused namely Anil Kanjad and Ramkresh, have already been enlarged on bail by the Co- ordinate Bench of this Court, without expressing any opinion on the merits of the case, I am inclined to grant bail to the applicant. The bail application is allowed. 6. Let the applicant- Shaukat Kanjad who is involved in aforementioned case crime be released on bail on his furnishing a personal bond of Rs. 50,000/- and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified. (i) The applicant shall not tamper with evidence. (ii) The applicant shall remain present, in person, before the Trial Court on dates fixed for (1) opening of the case, (2) framing of charge and (3) recording of statement under Section 313 Cr.P.C./351 B.N.S.S. If in the opinion of the Trial Court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the Trial Court to treat such default as abuse of liberty of bail and proceed against him in accordance with law. 7. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. . (Chandra Dhari Singh, J.) Order Date :- 23.4.2025 Atul Digitally signed by :- ATUL KUMAR SRIVASTAVA High Court of Judicature at Allahabad Digitally signed by :- ATUL KUMAR SRIVASTAVA High Court of Judicature at Allahabad