Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:107683 Court No. - 70 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17328 of 2024 Applicant :- Shahjad Opposite Party :- State of U.P. Counsel for Applicant :- Sunil Dubey Counsel for Opposite Party :- G.A. Hon'ble Dr. Gautam Chowdhary,J.
1. This is the second bail application moved on behalf of the applicant. Criminal Misc. First Bail Application No. 53995 of 2023 has been rejected by this Court vide order dated
17.01.2023. 2.Heard learned counsel for the applicant, learned A.G.A for the State and perused the record. 3. It has been argued by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. Learned counsel further submits that by the efflux of time, trial began in which the charges were framed on 13.02.2023 and thereafter summons were issued to the witness but they are not appearing before the trial and are no co- operating in the trial, which is evident from the perusal of order sheets of the case, copy of the order sheets of the case till 19.11.2024 has been annexed as Annexure-SA1 to the supplementary affidavit and certified copy of the order sheets of the case with effect from 24.10.2024 to 21.02.2025 has been produced before this Court and is marked as "X" and is kept on record. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed before the Court. The circumstances which, according to the counsel, led to the false implication of the accused have also been mentioned. It has also been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required and is also ready to accept all the conditions which the Court may deem fit to impose upon him. He next submits that applicant is languishing in jail since 11.08.2022 having no criminal history. 4. Per contra, learned A.G.A. has opposed the prayer for bail of the applicant. 5.
After perusing the record in the light of the submissions made at the bar and after taking an overall view of all the facts and circumstances of this case, the nature of evidence and also the absence of any convincing material to indicate the possibility of tampering with the evidence, without expressing any opinion on merits of the case, this Court is of the view, that the applicant may be enlarged on bail. Hence the bail application is allowed. 6. Let applicant Shahjad involved in Case Crime No. 954 of 2021 under Sections 342, 376, 506 I.P.C., Police Station Baraut,, District Baghpat, be released on bail on furnishing a personal bond and two heavy local sureties each of the like amount to the satisfaction of the court concerned subject to the following conditions:- A. The applicant shall not tamper with the evidence during the trial. B. The applicant shall not pressurize/ intimidate the prosecution witness. C. The applicant shall appear before the trial court on the date fixed, unless personal presence is exempted. D. The applicant shall not commit an offence similar to the offence of which he is an accused, or suspected, of the commission of he is suspected. E. The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the
facts of the case so as to dissuade them from disclosing such
facts to the Court or to any police officer or tamper with the evidence.
7. In case of breach of any of the above condition, the trial Court shall be at liberty to cancel the bail of the applicant in accordance with law.
Order Date :- 8.7.2025 S.Ali Digitally signed by :- SHAUKAT ALI High Court of Judicature at Allahabad