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2025 DAILYLAW 23308 (ALL)

SHOAB ALI v. STATE OF U.P.

BAIL/7180/2025 · 2025-04-07

Mohd Azhar Husain Idrisi

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:50917 Court No. - 83 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7180 of 2025 Applicant :- Shoab Ali Opposite Party :- State of U.P. Counsel for Applicant :- Mohammad Waseem Counsel for Opposite Party :- G.A. Hon'ble Mohd. Azhar Husain Idrisi,J. 1. Supplementary affidavit filed today is taken on record. 2. Heard learned counsel for the applicant and learned AGA for the State. Perused the record. 3. The instant bail application has been filed on behalf of the applicant - Shoab Ali, with a prayer to release him on bail in Case Crime No. 218 of 2024, under Sections 191(2), 191(3), 190, 132, 125(1), 221, 224, 331(5), 324, 109, 3(5), 61(2) of B.N.S. and Section 7 of Criminal Law Amendment Act, Police Station Shahi, District Bareilly. 4. It is argued by the learned counsel for the applicant that the applicant is wholly innocent and has been falsely implicated in the present case due to village party bandi. It is further argued that applicant was not named in the FIR. It is next argued that there is no cogent evidence against the applicant connecting him in the present offence. It is pointed out that co-accused Ishtayak Ali Ansari has been granted bail by the coordinate Bench of this Court vide order dated 12.12.2024 in Criminal Misc. Bail Application No. 38785 of 2024. The applicant is in jail since 30.11.2024. Learned counsel for the applicant has given an undertaking on behalf of applicant that the applicant shall not misuse the liberty of bail and shall cooperate with the trial proceedings and shall abide by all terms and conditions of bail, if granted. 5. Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid facts as argued by the learned counsel for the applicant. 6. Considering the submissions of the learned counsel for the parties and the fact that co-accused Ishtayak Ali Ansari has already been granted bail by the coordinate Bench of this Court, without expressing any opinion on the final merits of the case, let the applicant-Shoab Ali involved in the aforesaid crime be released on bail, on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions that :- i). The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial. ii). The applicant will appear regularly on each and every date fixed by the trial court unless his personal appearance is exempted through counsel by the court concerned. In breach of any condition enumerated above, the trial court shall be at liberty to treat it as abuse of liberty of bail and pass appropriate orders in accordance with law. Order Date :- 8.4.2025 M. Tarik Digitally signed by :- MOHD TARIK High Court of Judicature at Allahabad