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2025 DAILYLAW 187447 (ALL)

MOHD. SHAHEBAN @ SHAHBAN v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF HOME LKO.

/12125/2025 · 2025-12-04

Karunesh Singh Pawar

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 12125 of 2025 Court No. - 15 HON'BLE KARUNESH SINGH PAWAR, J. 1. Heard learned counsel for the applicant and learned A.G.A.-I for the State and perused the records. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No.0197 of 2025, under Sections 109 BNS, Sections 3/25, 4/25 of Arms Act and Section 11 of Prevention of Cruelty to Animals Act, registered at Police Station Salon, District Raebareli. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged the Inspector In-charge on 22.05.2025 against two persons, including the applicant, stating that on the basis of an information received from a mukhbir, the police apprehended the accused persons. Both the accused persons fired gun shots but no police person was injured from those shots. Two Sub-Inspector of Police fired two gun shots causing gun shot injury to both the accused persons. Two country made pistols, knife, banka etc. were recovered from the accused persons. 4. In the affidavit filed in support of the bail application, it has been stated that the applicant is innocent and he has been falsely implicated in the present case. The applicant's involvement in two other criminal cases has been disclosed in para 10 of the affidavit, in all of which he has been granted bail. The co-accused Dilshad has been granted bail vide order passed in Bail Versus Counsel for Applicant(s) : Anjali Dubey Counsel for Opposite Party(s) : G.A. Mohd. Shaheban @ Shahban .....Applicant(s) State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. .....Opposite Party(s) No.9142 of 2025. 5.Learned A.G.A.-I has opposed the bail applicant and he has submitted that the allegations have been established during the investigation and a charge sheet has been submitted on 10.07.2025. 6. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the F.I.R. alleges that both the accused persons had fired gun shots on the police personnel but no police personnel has received injury in the incident and both the accused persons have suffered gun shot injuries; that the alleged recovery has not been witnessed by any independent person and that the applicant is languishing in jail since 22.05.2025 whereas the investigation already stands concluded, the bail order of the co-accused, referred to above, I am of the view that the aforesaid facts are sufficient for making out a case for enlargement of the applicant on bail in the aforesaid crime. 7. Accordingly, this bail application stands allowed on parity ground. 8. Let the applicant Mohd. Shaheban alias Shahban be released on bail in the aforementioned case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of Magistrate/Court concerned, subject to following conditions:- (i) the applicant shall not tamper with the prosecution evidence; (ii) the applicant shall not pressurize the prosecution witnesses; (iii) the applicant shall appear on each and every date fixed by the trial Court. December 4, 2025 kkb/ BAIL No. 12125 of 2025 2 (Karunesh Singh Pawar,J.) Digitally signed by :- KRISHNA KUMAR BARANWAL High Court of Judicature at Allahabad, Lucknow Bench