SHABANA v. STATE OF U.P. THRU PRIN. SECY. HOME LKO.
BAIL/8652/2025 · 2025-10-10
Pankaj Bhatia
body2025
DailyLaw.ai
[ 2025 DAILYLAW 194746 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 194746 (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. - 8652 of 2025 Court No. - 12 HON'BLE PANKAJ BHATIA, J.
1. Counter Affidavit filed by the learned AGA is taken on record. 2. Heard learned counsel for the applicant, learned AGA for the state as well as the counsel for the informant Sri Manoj Kumar Singh and perused the record. 3. The accused-applicant seeks bail in FIR/Case Crime No.121 of 2025 under section 61(2), 103 (1), 3(5) BNS, P.S. Madayganj, District Lucknow. 4. The FIR in question was lodged alleging that the brother of the informant aged about 24 years was working as a Security Guard and subsequently was killed by the two persons named in the FIR and two other unknown persons. Subsequently, after arrest, in the statement of the co-accused, the name of the applicant surfaced only to the effect that she used to say that they will ensure that the brother of the informant is killed. 5. In the light of the said statement of the co-accused, the applicant was linked with the offence in question. Aapart from the same, no evidence exists so as to directly implicate the applicant with the offence in question. 6. The counsel for the informant argues that it is the applicant who is the main conspirator, for the same he places reliance on the confessional Versus Counsel for Applicant(s) : Lokendra Kumar Gupta, Arun Sinha, Siddhartha Sinha Counsel for Opposite Party(s) : G.A., Dadu Ram Shukla (D.R. Shukla ), Jaikaran, Manoj Kumar Singh Shabana .....Applicant(s) State Of U.P. Thru Prin. Secy. Home Lko. .....Opposite Party(s)
statement of the applicant, as filed along with the counter affidavit, as well as the statement of the co-accused before whom the applicant had threatened to take revenge. 7. In view of the submissions made, apart from the statement of the co- accused and a confessional statement, prima-facie material to implicate the applicant is missing. The applicant is aged about 52 years and has no criminal history. 8. In view thereof, finding the evidence to be weak evidence against the applicant, the applicant is entitled for the bail. Thus the bail application is allowed. 9.
Let the applicant Shabana be released on bail in aforesaid FIR/Case Crime Number subject to his furnishing a personal bond and two reliable sureties each of the like amount 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. October 10, 2025 VNP/- BAIL No. 8652 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- VISHVANATH PRASAD SHUKLA High Court of Judicature at Allahabad, Lucknow Bench