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2025 DAILYLAW 52196 (ALL)

SHIVA URF BANTI v. STATE OF U.P.

BAIL/50699/2022 · 2025-10-07

Arun Kumar Singh Deshwal

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 50699 of 2022 Court No. - 69 HON'BLE ARUN KUMAR SINGH DESHWAL, J. 1. Rejoinder affidavit as well as supplementary affidavit, filed by learned counsel for the applicant, is taken on record. 2. Heard Sri Meraj Ahmad Khan, learned counsel for the appliant and Sri Rakesh Kr. Mishra, learned A.G.A. for the State. 3. The instant application has been filed to enlarge the applicant on bail in Session Trial No. 1122 of 2022, arising out of case Crime No. 20 of 2022 under Sections 307, 393, 420, 467, 468, 471, 120-B IPC and Section 3/25 Arms Act, Police Station- Munda Pandey, District Moradabad. 4. As per the prosecution story, an F.I.R. was lodged by the first informant with the allegation that three dacoits entered in his jewellery shop and tried to loot the jewellery and cash and one of the accused fired upon the injured Sumit. Subsequently, the people present in the shop, including the first informant caught one of the dacoits, however, two other dacoits ran away on arriving of other shopkeepers. On being strictly asked, the caught accused told his name as Shiva who is the present applicant. 5. Learned counsel for the applicant submits that applicant is falsely implicated. It is further submitted that charge sheet has been filed in the present case, therefore, there is no requirement of custodial interrogation. The applicant has explained his criminal history of eight cases. Versus Counsel for Applicant(s) : Meraj Ahmad Khan, Narendra Kumar, Rabindra Bahadur Singh, Rakesh Kumar Verma Counsel for Opposite Party(s) : G.A. Shiva Urf Banti .....Applicant(s) State of U.P. .....Opposite Party(s) 6. Per contra, learned A.G.A. vehemently opposed the prayer and submitted that the applicant was caught by the shopkeepers while he was indulged in looting the jewellery and cash of the shop and the police also arrested him from the shop itself, therefore, the applicant is not entitled to be released on bail. 7. Considering the aforesaid submissions and taking into account that the applicant was caught by the shopkeepers while he along with two other co-accused persons was involved in looting the jewellery and applicant has also a criminal history of eight cases, this Court is not inclined to release the applicant on bail. The bail application is rejected. 8. However, the court below is directed to conclude the trial of the present case as directed by this Court by order dated 22.1.2025. October 8, 2025 Vandana BAIL No. 50699 of 2022 2 (Arun Kumar Singh Deshwal,J.) Digitally signed by :- VANDANA GAUTAM High Court of Judicature at Allahabad