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2025 DAILYLAW 63510 (ALL)

SHADAB v. STATE OF U.P.

BAIL/18177/2025 · 2025-07-07

Arun Kumar Singh Deshwal

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:107562 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 18177 of 2025 Applicant :- Shadab Opposite Party :- State of U.P. Counsel for Applicant :- Vivek Singh Counsel for Opposite Party :- Anand Ji Mishra,G.A.,Kaushal Kumar Pandey Hon'ble Arun Kumar Singh Deshwal,J. 1. Heard Sri Vivek Singh, learned counsel for the applicant, Sri Kaushal Kumar Pandey, learned counsel for the informant and learned A.G.A. and perused the record. 2. The instant bail application, under Section 483 B.N.S.S., has been filed with a prayer to enlarge the applicant on bail in Case Crime No. 225 of 2025, under Sections 190, 191(2), 191(3), 109(1), 115(2), 351(2), 125, 3(5) B.N.S., Police Station- Lisarigate, District- Meerut during pendency of the trial. 4. Counsel for the applicant submits that the applicant has been falsely implicated in the instant case. As per contents of the first information report, seven named accused and eight to ten unknown persons are alleged to have fired at the son of the informant. A vague role has been assigned to the applicant. The applicant has not been nominated as principal offender, who caused injuries to the son of the informant. The applicant does not have any criminal history. The applicant is in jail since 30.04.2025. In case he is enlarged on bail, he will not misuse the said liberty. It is further submitted that co-accused Junaid and Kallu have already been granted bail by co-ordinate Bench of this Court vide order dated 04.06.2025 passed in Criminal Misc. Bail Application No.17367 of 2025. Therefore, the applicant is also entitled to be released on bail on the ground of parity with the co-accused. 4. On the other hand, learned A.G.A. for the State and learned counsel for the first informant opposed the prayer for bail, but they could not dispute the aforesaid fact. 5. Thus, considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and keeping in view the nature of offence, evidence, complicity of accused and without expressing any opinion on the merits of the case, I am of the opinion that the applicant is entitled to be enlarged on bail. 6. Let the applicant- Shadab, involved in the aforementioned crime be released on bail, on his furnishing a personal bond and two sureties each in the like amount, to the satisfaction of the court concerned, with the following conditions:- i. 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 him from disclosing such facts to the Court or to any police officer or tamper with the evidence. ii. The applicant shall cooperate in the trial/investigation sincerely without seeking any adjournment. iii. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail. iv. The applicant shall attend in accordance with the conditions of the bond executed by him. 7. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 8. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted. Order Date :- 8.7.2025 Asha Digitally signed by :- ASHA High Court of Judicature at Allahabad