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2025 DAILYLAW 61343 (ALL)

SHASHIKANT v. STATE OF U.P.

BAIL/17464/2025 · 2025-07-08

Ashutosh Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:110309 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17464 of 2025 Applicant :- Shashikant Opposite Party :- State of U.P. Counsel for Applicant :- Mohammad Rashid,Rajrshi Gupta,Rizwan Ahamad Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. Heard Shri Rajrshi Gupta, learned counsel for the applicant and Shri Anil Kumar Singh, learned A.G.A. for the State and perused the record. The present second bail application has been filed by the applicant Shashikant with a prayer to enlarge him on bail in Case Crime No.835 of 2023, under Sections 420, 120-B I.P.C. and Section 66D of Information Technology Act, 2008, Police Station-Civil Lines, District- Moradabad, during pendency of trial. Learned counsel for the applicant submits that the applicant has been falsely implicated in the present case. The applicant is not named in the F.I.R. and his name came into light in the confessional statement of co-accused Rakesh Vishnoi, who has already been granted bail and as such the applicant is also entitled for bail on the ground of parity. There is no likelihood of his fleeing from course of justice or tampering with evidence in case of release on bail; hence, bail has been prayed for. The applicants has explained his criminal history in para 17 of the affidavit filed in support of bail application. The applicant is in custody since 22.01.2024. Per contra, learned A.G.A. has opposed the bail prayer 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. In case, the applicant is released on bail, he will again indulge in similar activities and will misuse the liberty of bail. Considering the nature of the offence, material/evidence brought on record, complicity of the accused, severity of punishment, the submissions made by the learned counsel for the parties, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed. Let the applicant-Shashikant, involved in aforesaid case crime be released on bail on his furnishing a personal bond and two local sureties each of the like amount to the satisfaction of the court concerned, subject to the following conditions:- 1. The applicant will not tamper with the evidence. 2. The applicant will not indulge in any criminal activity. 3. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial. 4. The applicant will appear regularly on each and every date fixed by the trial court, unless his personal appearance is exempted through counsel by the court concerned. In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail. Order Date :- 9.7.2025 Kpy Digitally signed by :- KAVLESHWAR PRASAD YADAV High Court of Judicature at Allahabad