Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:107152 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 20886 of 2025 Applicant :- Shazeb @ Ashu Opposite Party :- State of U.P. Counsel for Applicant :- Jalaj Singh Counsel for Opposite Party :- G.A. Hon'ble Arun Kumar Singh Deshwal,J.
1. Supplementary affidavit, filed by learned counsel for the applicant, is taken on record.
2. Heard Sri Jalal Singh, learned counsel for the applicant, Sri Pankaj Saxena, learned A.G.A. and perused the record.
3. The instant application has been filed to enlarge the applicant on bail in case crime No. 621 of 2024, under Sections 419, 420, 467, 468, 471, 120B IPC, P.S. Baheri, District Bareilly.
4. Contention of learned counsel for the applicant is that as per the F.I.R., the allegation against the applicant is that he along with co- accused introduced the first informant to one Rajeshwari Devi who claimed to be the owner of the land in question and the applicant was the bona fide witness of the aforesaid transfer of land. Subsequently, it was found that the actual owner had already died and Rajeshwari Devi, though she was not the owner of the land in question, transferred the same in favour of the first informant. Therefore, the applicant has not committed any offence and no amount was transferred in his account. He was simply a witness of the sale deed in question on persuasion of Rajeshwari Devi. The applicant is a law abiding citizen and he has no criminal history. He is languishing in jail since 28.5.2025. In case, he is granted bail, he will not misuse the liberty of bail and would cooperate in the trial proceedings.
5. On the other hand, learned A.G.A. for the State opposed the prayer for bail, but he could not dispute the aforesaid fact.
6. 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.
7. Let the applicant- Shazeb @ Ashu, 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. v. As the charge sheet has not been filed, therefore, the applicant will get his statement recorded before the I.O., if not already recorded.
8. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
9. 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 Vandana Digitally signed by :- VANDANA GAUTAM High Court of Judicature at Allahabad