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2025 DAILYLAW 68791 (ALL)

SHAFEEK v. STATE OF U.P.

BAIL/22077/2025 · 2025-07-02

Arun Kumar Singh Deshwal

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:103188 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 22077 of 2025 Applicant :- Shafeek Opposite Party :- State of U.P. Counsel for Applicant :- Pankaj Bharti Counsel for Opposite Party :- G.A.,Sushil Kumar Pandey Hon'ble Arun Kumar Singh Deshwal,J. 1. Heard Sri Pankaj Bharti, learned counsel for the applicant, Sri Sushil Kr. Pandey, learned counsel for the first informant and Sri Pushpendra Jadon, learned A.G.A. and perused the record. 2. The instant application has been filed to enlarge the applicant on bail in case crime No. 271 of 2022, under Sections 420, 467, 468, 471 IPC, P.S. Mansoorpur, District Muzaffar Nagar. 3. Contention of learned counsel for the applicant is that it is not in dispute that the original owner of the property in question was Ila Agarwal who subsequently executed the power of attorney in favour of Naim Ahmad in the year 1998. Thereafter, Naim Ahmad executed sale deed of that land in favour of Mohd. Shahabuddin and Shahabuddin executed the power of attorney of the said land in favour of the applicant on 20.8.1999 and on the basis of that power of attorney, the applicant executed the said land in favour of his daughter-in-law. Even otherwise, civil suit is pending between the parties for declaration regarding land in dispute. The applicant has explained his criminal history of four cases in the accompanying affidavit and he is languishing in jail since 9.5.2025. In case, he is granted bail, he will not misuse the liberty of bail and would cooperate in the trial proceedings. 4. On the other hand, learned A.G.A. for the State opposed the prayer for bail, but he could not dispute the aforesaid fact. 5. 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. 6. Let the applicant- Shafeek, 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 :- 3.7.2025 Vandana Digitally signed by :- VANDANA GAUTAM High Court of Judicature at Allahabad