Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:110507 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 584 of 2025 Applicant :- Shailendra Alias Sheelu Opposite Party :- State of U.P. Counsel for Applicant :- Akhilesh Srivastava,Saksham Srivastava Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. Heard Sri Saksham Srivastava, learned counsel for the applicant, Sri Anil Kumar Singh, learned AGA for the State and perused the material on record.
Learned counsel for the applicant has submitted that the applicant is innocent and has been falsely implicated in this case. As per prosecution case the brother of informant namely Gopali came his village from Mathura on the occasion of Holi and during playing Holi accused Deepu and Languriya sons of Kare Singh opened fire on Gopali, who died. Informant has apprehension that applicant is also involved in the incident. Learned counsel for the applicant has further submitted that the allegations levelled in the F.I.R. are false, frivolous and bogus and the applicant is unnecessary dragged in the present case. The co-accused Deepu and Languriya have already been granted bail co-ordinate Benches of this Court vide orders dated 29.08.2023 and 11.12.2023 passed in Criminal Misc. Bail Application Nos.38041 of 2023 and 51883 of 2023, copy filed at Annexure-9 to the bail application. The case of the applicant is on better footing that co-accused Deepu and Languriya, who have already been granted bail as such the applicant is also entitled for bail on the ground of parity. The applicant has explained his criminal history in para 22 of the affidavit filed in support of bail application. There is no possibility of applicant of fleeing away from the judicial process or tampering with the prosecution evidence. He next submits that the applicant is in jail since 21.10.2024 and if released on bail, he will not misuse the liberty of bail. Learned AGA for the State vehemently opposed the prayer of bail. Upon hearing the learned counsel for the parties and upon the perusal of the record and considering the complicity of accused, severity of punishment as well as totality of facts and circumstances, at this stage, without commenting on the merits of the case, I find it a fit case for bail. The bail application is allowed. Let applicant-Shailendra Alias Sheelu be released on bail in Case Crime No. 133 of 2023, under Sections 302, 120-B IPC, registered at P.S. Iglas, District Aligarh, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of Court concerned, subject to the following conditions: (i) The applicant will not tamper with prosecution evidence in any manner whatsoever. (ii) The applicant will abide by the orders of the court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever.
(iii) The applicant will not indulge in any unlawful activity. (iv) The applicant will not misuse the liberty of bail in any manner whatsoever. The identity, status and residential proof of sureties will be verified by the court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.
Order Date :- 9.7.2025 Kpy Digitally signed by :- KAVLESHWAR PRASAD YADAV High Court of Judicature at Allahabad