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2025 DAILYLAW 21953 (ALL)

SHALESH ALIAS SHAILESH AND 2 OTHERS v. STATE OF U.P.

BAIL/6453/2025 · 2025-05-08

Ashutosh Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:75349 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6453 of 2025 Applicant :- Shalesh Alias Shailesh And 2 Others Opposite Party :- State of U.P. Counsel for Applicant :- Brajesh Kumar Solanki,Samrat Vikram Singh,Sunil Kumar Tiwari,Vijay Kumar Mishra Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. Supplementary affidavit is taken on record. Heard Shri Samrat Vikram Singh and Shri Sunil Kumar Tiwari learned counsels for the applicants, Shri Yagvalk Pandey, learned AGA for the State-respondents and perused the record. This bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been moved on behalf of accused- applicants, Shalesh @ Shailesh, Tankari @ Register and Sanjeev , seeking enlargement on bail in Case Crime No. 404 of 2024, under Sections 190, 191 (2), 191 (3), 109 of the Bharatiya Nyaya Sanhita, 2023 and Section 3/25 (1-B)/27 of Arms Act, Police Station Dataganj , District Budaun. Learned counsel for the applicant argued that the accused- applicants are innocent. They have been falsely implicated in this very case crime number and are languishing in jail since 16.1.2025. Learned counsel for the applicants submits that similarly circumstanced co-accused Durvesh has already been enlarged on bail by this Court on 28.4.2025 in Criminal Misc. Bail Application No. 4396 of 2025. They have one case of criminal antecedent, which have sufficiently been explained and there is no likelihood of their fleeing from course of justice or tampering with evidence in case of release on bail. Hence, bail has been prayed for. Per contra learned A.G.A. has opposed the prayer for bail of the applicants, but submits that similarly circumstanced aforesaid co- accused has already been granted bail by this Court. Considering all above facts and circumstances, the nature of accusations, severity of the punishment in the case of conviction and nature of supporting evidence, reasonable apprehension of tampering with the witness and prima facie case, but without commenting on merit of case, a case for bail is made out. Accordingly, the bail application is allowed. Let the accused-applicants, Shalesh @ Shailesh, Tankari @ Register and Sanjeev , involved in above mentioned case crime number be released on bail, on their executing a personal bond and two reliable sureties each, in the like amount to the satisfaction of the court concerned, subject to the following conditions: 1. The applicants will not tamper with the evidence. 2. The applicantswill not indulge in any criminal activity. 3. The applicants will not pressurize/intimidate the prosecution witnesses and co-operate in the trial. 4. The applicants will appear regularly on each and every date fixed by the trial court, unless their personal appearance is exempted through counsel by the court concerned. In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel their bail. Order Date :- 9.5.2025 Ravi Prakash (Ashutosh Srivastava, J.) Digitally signed by :- RAVI PRAKASH High Court of Judicature at Allahabad