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2025 DAILYLAW 23031 (ALL)

SHAIF ALI ALIAS CHAKLA v. STATE OF U.P.

BAIL/6748/2025 · 2025-04-21

Mayur Jain Jt Registrar J Listing

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:60817 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6748 of 2025 Applicant :- Shaif Ali Alias Chakla Opposite Party :- State of U.P. Counsel for Applicant :- Raja Ram Kushwaha Counsel for Opposite Party :- G.A. Hon'ble Chandra Dhari Singh,J. 1. The instant bail application under Section 483 of B.N.S.S. has been filed for bail in Case Crime No.471 of 2024, under Sections 309(4), 61(2), 317(3) of B.N.S., Police Station - Maudaha, District - Hamirpur. 2. Learned counsel appearing on behalf of applicant has submitted that the present applicant is innocent and he has been falsely implicated in the present case. He has also submitted that the applicant is not named in the F.I.R. It is further submitted that applicant's name surfaced in the confessional statement of co- accused. Criminal history of two cases of applicant have been explained in paragraph 19 of the paper book. Applicant is languishing in jail since 21.01.2025. He has further submitted that the identical placed co-accused, Roshan Nishad alias Phupha has already been enlarged on bail by Co-ordinate Bench of this Court and his bail order has been produced during arguments. It is further submitted that after completion of investigation, charge sheet has been filed on 07.02.2025 and cognizance has already been taken against the applicant. 3. Taking into consideration the aforesaid facts, it is prayed on behalf of applicant that he may be released on bail in the aforesaid crime. It is further undertaken by learned counsel for the applicant that applicant shall abide by all terms and conditions as imposed by this Court. 4. Per contra, learned A.G.A. appearing on behalf of the State, in advance notice, has vehemently opposed the bail application of applicant but he has not disputed the submissions advanced by learned counsel for the applicant. 5. Heard learned counsel for the applicant as well as learned AGA for the State and perused the record. 6. I have perused the bail order of co-accused in the present case. 7. These facts have not been contradicted by learned AGA appearing on behalf of the State that applicant is not named in the F.I.R., his name was surfaced in the confessional statement of co- accused, the charge sheet has already been filed before the concerned Court and there is no chance of completion of trial in near future. Criminal history of two cases of applicant have been explained. Co-accused, Roshan Nishad alias Phupha has already been enlarged on bail. 8. Taking into consideration all the entirety of the matter as discussed above, without expressing any finding or opinion on merits of the case, the applicant is releasing on bail. Accordingly, the bail application is allowed. 9. Let the applicant - Shaif Ali alias Chakla, who is involved in aforementioned case crime be released on bail on his furnishing a personal bond of Rs.50,000/- (Fifty Thousand) 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. 10. 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 :- 22.4.2025 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