Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:81614 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15285 of 2025 Applicant :- Shubham Opposite Party :- State of U.P. Counsel for Applicant :- Mukesh Joshi Counsel for Opposite Party :- G.A. Hon'ble Chandra Dhari Singh,J.
1. The instant bail application has been filed under Section 483 of BNSS, seeking bail in Case Crime No. 1138 of 2024, under Sections 140(2), 317(3) of the B.N.S., Police Station - Kotwali Shahar, District- Bijnor. 2. Learned counsel appearing on behalf of the applicant has submitted that the applicant is not named in the FIR. He has been falsely implicated in this case. It is further submitted that similarly placed co-accused Shashank @ Shashank Bhardwaj and Shiva have already been granted bail by the co-ordinate Bench of this Court vide order dated 19.03.2025 and 05.04.2025 passed in Criminal Misc. Bail Application Nos. 8110 of 2025 and 10984 of 2025 and therefore, the applicant is also entitled to be released on bail on the ground of parity. The applicant is languishing in jail since 25.12.2024. The applicant has criminal history of two cases which has been duly explained in para 35 of the paper book and para 4 of the supplementary affidavit. It is also undertaken on behalf of the applicant that he shall abide by all terms and conditions as imposed by the Court while granting bail. 3. Per contra, learned counsel appearing on behalf of the State has vehemently opposed the instant bail application but he could not dispute the aforesaid facts as stated by the learned counsel appearing on behalf of applicant. 4. Heard Sri Mukesh Joshi, learned counsel for the applicant, Sri Kailash Prakash Pathak, learned AGA for the State and perused the material available on record. 5. Taking into consideration of aforesaid reasons as stated above and the fact that similarly placed co-accused Shashank @ Shashank Bhardwaj and Shiva have already been granted bail by
this Court, without expressing any opinion on the merit of the case, I am inclined to grant bail to the applicant. Accordingly, the bail application is allowed. 6. Let the applicant - Shubham who is involved in the aforementioned case crime be released on bail on his furnishing a personal bond of Rs.
50,000/- (Rupees Fifty thousand) 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 evidence. (ii) The applicant shall remain present, in person, before the trial court on dates fixed for (1) opening of the case, (2) framing of charge and (3) recording of statement under Section 313 Cr.P.C./351 BNSS. If in the opinion of the Trial Court absence of the applicant is deliberate of without sufficient cause, then it shall be open for the Trial Court to treat such default as abuse of liberty of bail and proceed against him in accordance with law. 7. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Order Date :- 16.5.2025 Pratima (Chandra Dhari Singh,J.) Digitally signed by :- PRATIMA AGRAHARI High Court of Judicature at Allahabad