MOHD. SHAMIM v. STATE OF U.P. THRU. PRIN. SECY. HOME CIVIL SECTT. LKO.
/758/2024 · 2025-11-20
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[ 2025 DAILYLAW 186943 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 186943 (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. - 758 of 2024 Court No. - 12 HON'BLE PANKAJ BHATIA, J.
1. Heard learned counsel for the applicant as well as learned A.G.A. and perused the record. 2. The applicant seeks enlargement on bail in FIR No.47 of 2022, under Sections 302, 308, 323 IPC, Police Station Baldirai, District Sultanpur. 3. In terms of the FIR, it was alleged that the sister of the informant was married to the applicant and was blessed with three children. Subsequently, on 24.02.2022, the sister of the informant was beaten by the accused persons, which resulted in substantial injury. The FIR was lodged under Section 308 IPC, however, as the victim died during treatment, Section 302 IPC was added. 4. The Counsel fro the applicant argues that the applicant is in custody since 01.03.2022 and has no criminal antecedents. He further argues that the trial has not been concluded so far and only two witnesses have been examined. 5. Learned A.G.A. vehemently opposed the bail prayer. 6. Considering the substantial pretrial detention suffered by the applicant of more than three and a half years; the applicant has no criminal antecedents and there is no likelihood of the trial being concluded in near Versus Counsel for Applicant(s) : Rachana Chauhan, D.P. Dutt Tiwari, Deependra Pratap Singh, Deepika Gupta Counsel for Opposite Party(s) : G.A. Mohd. Shamim .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Civil Sectt. Lko. .....Opposite Party(s)
future, I am of the view that the applicant is entitled to be released on bail. Accordingly, the bail application is allowed. 7. Let the applicant Mohd. Shamim be released on bail in the abovesaid first information report number on his furnishing personal bonds and two reliable sureties of the like amount each to the satisfaction of the court concerned 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 he 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 him from disclosing such facts to the Court or to any police officer or tamper with the evidence.
November 20, 2025 akverma BAIL No. 758 of 2024 2 (Pankaj Bhatia,J.) Digitally signed by :- ASHOK KUMAR VERMA High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- ASHOK KUMAR VERMA High Court of Judicature at Allahabad, Lucknow Bench