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2025 DAILYLAW 63532 (ALL)

SHANKAR LAL v. STATE OF U.P.

BAIL/24070/2025 · 2025-09-17

Saurabh Shyam Shamshery

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 24070 of 2025 Court No. - 5 HON'BLE SAURABH SHYAM SHAMSHERY, J. 1. Heard Sri Mahesh Chandra Tiwari, learned counsel for the applicant and learned A.G.A. for the State. 2. Learned counsel for the petitioner has provided poor assistance to this Court, still considering that a reason assigned by the co-ordinate Bench of this Court, while granting bail to co-accused specifically referred in paragraph 8 of the order dated 07.03.2025 passed in Criminal Misc. Bail Application No. 8179 of 2025 (Rinku Alias Bhondu Vs. State of U.P.), which is as follows: "8. Considering the nature of allegation leveled against the applicant, the argument advanced by learned counsel for the applicant that it cannot be said that applicant was having intention to cause death of the deceased and present case does not travel beyond Section 304(II) IPC, cannot be brushed aside at this stage. " 3. Therefore, even without proper assistant, the Court finds that it is a fit case for bail. 4. Let the applicant- Shankar Lal be released on bail in Case Crime No. 553 of 2021 under Sections 323, 304, 504 IPC Police Station- Shahganj, District- Agra on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the Court concerned with the following conditions which are being imposed in the interest of justice:- (i) The applicant will not tamper with prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever. (ii) The applicant shall file an undertaking to the effect that he shall not seek any adjournment or exemption from appearance on the date fixed in trial. In case of default of this condition, it shall be open for the Trial Court to treat it as abuse of liberty of bail and pass orders in accordance with law. (iii) The applicant will not misuse the liberty of bail in any manner whatsoever. In Versus Counsel for Applicant(s) : Kiran Tiwari, Mahesh Chandra Tiwari Counsel for Opposite Party(s) : G.A. Shankar Lal .....Applicant(s) State of U.P. .....Opposite Party(s) case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C., may be issued and if applicant fails to appear before the Court on the date fixed in such proclamation, then, the Trial Court shall initiate proceedings against him, in accordance with law, under section 174-A I.P.C. (iv) The Trial Court may make all possible efforts/endeavour and try to conclude the trial expeditiously, preferably within a period of six months after release of applicant, if there is no other legal impediment. (v) Applicant has to appear on each and every date before learned trial Court and any application for exemption of his appearance on vague ground could be a ground for cancellation of bail by learned trial Court immediately. 5. The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison. 6. The bail application is allowed. 7. It is made clear that the observations made hereinabove are only for the purpose of adjudicating the present bail application. September 18, 2025 Imtiyaz BAIL No. 24070 of 2025 2 (Saurabh Shyam Shamshery,J.) Digitally signed by :- IMTIYAZ AHMAD High Court of Judicature at Allahabad