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2025 DAILYLAW 68678 (ALL)

MOHAMMAD SHAH v. STATE OF U.P.

BAIL/21942/2025 · 2025-07-15

Ashutosh Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:115038 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 21942 of 2025 Applicant :- Mohammad Shah Opposite Party :- State of U.P. Counsel for Applicant :- Upendra Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. Heard Shri Upendra Kumar Singh, learned counsel for the applicant, Shri Arimardan Yadav, learned AGA for the State- respondents and perused the record. The instant bail application has been filed on behalf of the applicant-Mohammad Shah, with the prayer to release him on bail in Case Crime No. 251 of 2023, under Section 302, 201 I.P.C., Police Station-Hafizganj, District-Bareilly, during pendency of the trial. Learned counsel for the applicant argued that the accused- applicant is innocent. He has been falsely implicated in this very case crime number and is languishing in jail since 21.04.2025. Learned counsel for the applicant submits that similarly circumstanced co-accused Chhota Shah @ Tasabbar has already been enlarged on bail by co-ordinate Bench of this Court on 10.07.2025 in Criminal Misc. Bail Application No. 22115 of 2025. He has no criminal antecedent and there is no likelihood of his fleeing from course of justice or tampering with evidence in case of release on bail. Hence, bail has been prayed for. Per contra learned A.G.A. has opposed the prayer for bail of the applicant, but submits that similarly circumstanced aforesaid co- accused has already been granted bail by this Court. Considering all above facts and circumstances, the nature of accusations, severity of the punishment in the case of conviction and nature of supporting evidence, reasonable apprehension of tampering with the witness and prima facie case, but without commenting on merit of case, a case for bail is made out. Accordingly, the bail application is allowed. Let the accused-applicant-Mohammad Shah, involved in above mentioned case crime number be released on bail, on his executing a personal bond and two reliable sureties each, in the like amount to the satisfaction of the court concerned, subject to the following conditions: 1. The applicant will not tamper with the evidence. 2. The applicant will not indulge in any criminal activity. 3. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial. 4. The applicant will appear regularly on each and every date fixed by the trial court, unless his personal appearance is exempted through counsel by the court concerned. In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail. Order Date :- 16.7.2025 #Vik/- Digitally signed by :- VIKRAM GUPTA High Court of Judicature at Allahabad