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2025 DAILYLAW 29767 (ALL)

SHADAB v. STATE OF U.P.

BAIL/9234/2025 · 2025-03-18

Deepak Verma

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:39087 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9234 of 2025 Applicant :- Shadab Opposite Party :- State of U.P. Counsel for Applicant :- Shiv Sharan Tripathi Counsel for Opposite Party :- G.A. Hon'ble Deepak Verma,J. 1. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record. 2. The instant bail application has been filed on behalf of the applicant with a prayer to release him on bail in Case Crime No.311 of 2024, registered under Sections 309(6), 140(4), 317(2) I.P.C., P.S. Barla, District Aligarh, during pendency of the trial. 3. Learned counsel for the applicant submitted that the applicant is innocent and has been falsely implicated in the present case due to ulterior motive. The prosecution story is false and baseless and not supported by any evidence. No identification has been done. It is next submitted that after arrest in the present case, Gangsters Act has been invoked. The applicant has no criminal history. The applicant is languishing in jail since 20.12.2024. In case, the applicant is released on bail, he will not misuse the liberty of bail and co-operate in trial. 4. Learned A.G.A. has opposed the bail prayer of the applicant and submitted that he has received instructions that no identification has been made. 5. Considering the material available on record and keeping in view the nature of the offence, argument advanced on behalf of the parties, evidence on record regarding complicity of the accused and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed. 6. Let the applicant- Shadab, who is involved in the aforesaid case 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 subject to following conditions. Further, before issuing the release order, the sureties be verified. (i) The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial. (ii) The applicant shall cooperate in the trial sincerely without seeking any adjournment. (iii) The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail. 7. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Order Date :- 19.3.2025 Meenu Singh Digitally signed by :- MEENU SINGH High Court of Judicature at Allahabad