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2025 DAILYLAW 65332 (ALL)

SHAILENDRA v. STATE OF U.P.

BAIL/55526/2023 · 2025-05-21

Deepak Verma

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:87203 Court No. - 84 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 55526 of 2023 Applicant :- Shailendra Opposite Party :- State of U.P. Counsel for Applicant :- Brijesh Kumar Yadav,Afzal Ahmad Khan Durrani,Daya Shankar Vishwakarama,Rohit Sharma,Sabhajeet Yadav Counsel for Opposite Party :- G.A. Hon'ble Deepak Verma,J. 1. This is second bail application. The first bail application was rejected by this Hon'ble Court vide order dated 16.03.2023. 2. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record. 3. The instant second bail application has been filed on behalf of the applicant with a prayer to release him on bail in Case Crime No.189 of 2022, Under Sections- 323, 307, 504, 506 I.P.C. Police Station-Shamshabad, District-Farrukhabad, during pendency of the trial. 4. Learned counsel for the applicant submitted that the applicant is innocent and has been falsely implicated in the present case due to ulterior motive. The applicant is languishing in jail since 06.10.2022, as applicant is behind the bar for more than two and half years. Fact witnesses of the case have been examined by the trial court and there is no chance to pressurize/temper the witnesses of the case by the applicant. Criminal history of the applicant has been explained in bail application. In case, the applicant is released on bail, he will not misuse the liberty of bail and co-operate in trial. 5. Learned A.G.A. has opposed the bail prayer of the applicant. 6. Considering jail period of the applicant and the material available on record and keeping in view the nature of the offence, argument advanced on behalf of the parties, evidence on record regarding complicity of the accused and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed. 7. Let the applicant, Shailendra, who is involved in the aforesaid case 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 subject to following conditions. Further, before issuing the release order, the sureties be verified. i. The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial. ii. The applicant shall cooperate in the trial 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. 8. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 9. However, the trial court is directed to decide the trial of the case in accordance with law, as expeditiously as possible, without granting any unnecessary or long adjournments to either of the parties, preferably within a period of one year from the date of production of a certified copy of this order, if there is no other legal impediment. Order Date :- 22.5.2025 Nitin Verma Digitally signed by :- NITIN KUMAR VERMA High Court of Judicature at Allahabad