Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:90000 Court No. - 86 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 16087 of 2025 Applicant :- Shakeel @ Waseem Opposite Party :- State of U.P. Counsel for Applicant :- Abha Pandey,Shankarshan Bankata Counsel for Opposite Party :- G.A. Hon'ble Dr. Gautam Chowdhary,J.
1. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material brought on record. 2. Learned counsel for the applicant submits that the F.I.R. was lodged in unknown with the allegation that accused persons looted the truck after assaulting the driver while he was sleeping. Learned counsel further submits that the name of applicant came into light in the confessional statement of two co-accused who were arrested at the time of recovery of the stolen truck. One accused namely Mahmood Khan, who was arrested by the police and who had named the applicant in the commission of offence, has already been enlarged on bail. Two other accused, Gufran Khan and Nadeem, have also been enlarged on bail. As to the criminal history, it has been stated that there are 20 cases into the credit of applicant, in which is on bail. 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 the applicant is in jail since
28.11.2024. 3. Per contra, learned A.G.A. has opposed the prayer for bail of the applicant by contending that the innocence of the applicant cannot be adjudged at pre trial stage, therefore, he does not deserve any indulgence. 4. Considering the overall facts and circumstances, the nature of
allegations, the gravity of offence and without expressing any opinion on merits, this Court finds it to be a fit case for bail. Accordingly, the bail application stands allowed. 5.
Let the applicant-Shakeel @ Waseem, be enlarged on bail in Case Crime No. 44 of 2024, under Sections 395, 397, 412, 420, 467, 468, 413, 414, 342, 120-B, 34 I.P.C., Police Station- Shankargarh, District- Prayagraj, on executing a personal bond and furnishing two local sureties each in the like amount to the satisfaction of the court concerned with the following conditions: i) The applicant shall not tamper with the prosecution evidence. ii) The applicant shall not threaten or harass the prosecution witnesses. iii) The applicant shall appear on the date fixed by the trial court. iv) The applicant shall not commit any offence similar to the offence of which the applicant is accused, or suspected of the commission. v) 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 such person from disclosing
facts to the Court or to any police officer or tamper with the evidence.
6. In case of default of any of the conditions enumerated above, the court concerned shall be at liberty to cancel the bail of applicant in accordance with law.
Order Date :- 27.5.2025 Mustaqeem. Digitally signed by :- MOHD MUSTAQEEM KHAN High Court of Judicature at Allahabad