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2025 DAILYLAW 2927 (ALL)

SHAHNAWAJ @ SERAJ v. STATE OF U.P.

BAIL/43661/2025 · 2026-05-13

Jai Prakash Tiwari

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 43661 of 2025 Court No. - 70 HON'BLE JAI PRAKASH TIWARI, J. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material on record. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 165 of 2025, under Sections 3/25/27 Arms Act, Police Station- Belhar Kalan, District- Sant Kabir Nagar, during pendency of the trial in the court below. Learned counsel for the applicant submitted that the applicant is absolutely innocent and has been falsely implicated in the present case due to some ulterior motive. It is next submitted that applicant has not committed any offence as alleged by prosecution and he has been arrested from his house and only to show good work, police has shown the alleged recovery from his possession. It is next submitted that there is no credible evidence against the applicant to show his involvement in the matter. It is next submitted that criminal history of the applicant has been duly explained in the supplementary affidavit dated 06.05.2026 and he is languishing in jail since 02.07.2025, therefore, he may be enlarged on bail during pendency of the trial. The prayer for bail has been vehemently opposed by learned A.G.A. Keeping in view the nature of the offence, evidence, complicity of the accused, severity of the punishment, and submissions of learned counsel for the parties; without expressing any opinion on the merits of the case, this Court is of the view that the applicant is entitled to be enlarged on Versus Counsel for Applicant(s) : Ravindra Prakash Srivastava Counsel for Opposite Party(s) : G.A. Shahnawaj @ Seraj .....Applicant(s) State of U.P. .....Opposite Party(s) bail during the pendency of the trial. Let applicant, Shahnawaj @ Seraj be released on bail in the aforesaid case on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned subject to the following conditions:- i. The applicant will continue to attend and co-operate in the trial pending before the court concerned on the date fixed after release. ii. He will not tamper with the witnesses. iii. He will not indulge in any illegal activities during the bail period. It is further directed that the identity, status and residence proof of the sureties be verified by the authorities concerned before they are accepted. In case of breach of any of the above conditions, the trial court will be at liberty to cancel the bail. May 14, 2026 KK Patel BAIL No. 43661 of 2025 2 (Jai Prakash Tiwari,J.) Digitally signed by :- KRISHN KANT PATEL High Court of Judicature at Allahabad