Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 66395 (ALL)

SHAHBAZ v. STATE OF U.P.

BAIL/21867/2025 · 2025-07-15

Arun Kumar Singh Deshwal

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC:114611 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 21867 of 2025 Applicant :- Shahbaz Opposite Party :- State of U.P. Counsel for Applicant :- Sudhir Kumar Agarwal Counsel for Opposite Party :- Ashok Kumar Singh Bais,G.A. Hon'ble Arun Kumar Singh Deshwal,J. 1. Heard Sri Sudhir Kumar Agarwal, learned counsel for the applicant, Sri Sandeep Kumar Srivastava, Advocate holding brief of Sri Ashok Kumar Bais, learned counsel for the informant and Sri Rajeev Kumar Singh, learned A.G.A. for the State and perused the record. 2. The instant bail application has been filed with a prayer to release the applicant on bail in Case Crime No.108 of 2025, under Sections-191(2), 352, 115(2), 131, 109(1), 333 BNS, Police Station-Deoband, District-Saharanpur, during the pendency of the trial. 3. Contention of learned counsel for the applicant is that as per the FIR, general allegation has been made against all accused persons including the applicant for beating and causing injuries to the injured. It is further submitted that even in the statement of injured, Haroon, general allegation has been made against all the accused persons. No specific role has been assigned to any accused person. It is also submitted that it is a cross case and applicant's side has also suffered injuries in this incident and cross FIR was also lodged for the same incident. He further submitted that the co-accused Mahatab has already been granted bail by a coordinate Bench of this Court in Criminal Misc. Bail Application No.21797 of 2025 vide order dated 25.06.2025. It is further submitted that the applicant has explained the criminal history in the accompanying affidavit. It is further submitted that charge sheet has been filed in the present case, therefore, there is no requirement of custodial interrogation. The applicant is a law abiding citizen and he is languishing in jail since 16.04.2025. In case, he is granted bail, he will not misuse the liberty of bail and would cooperate in the trial proceedings. 4. Learned counsel for the informant and learned A.G.A. have opposed the prayer for bail but could not dispute the aforesaid facts. 5. 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- Shahbaz 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 :- 16.7.2025 S.Chaurasia Digitally signed by :- SHUBHAM CHAURASIA High Court of Judicature at Allahabad