Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 74852 (ALL)

SHAILESH KUMAR v. STATE OF U.P.

BAIL/24442/2025 · 2025-07-16

Arun Kumar Singh Deshwal

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 24442 of 2025 Applicant :- Shailesh Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Devesh Pandey,Pravinendra Bahadur Singh Counsel for Opposite Party :- G.A. Hon'ble Arun Kumar Singh Deshwal,J. 1. Heard Sri Devesh Pandey along with Sri Pravinendra Bahadur Singh, learned counsel for the applicant, Sri Pushpendra Singh Jadon, learned A.G.A. for the State and perused the record. 2. Instant bail application has been filed with a prayer to release the applicant on bail during the trial in Case Crime No.21 of 2025, under Sections 316(2), 318(4), 319(2), 338, 336(3), 340(2), 317(2), 3(5) of BNS, Police Station- Meja, District Prayagraj. 3. Contention of learned counsel for the applicant is that the applicant was not named in the FIR. Subsequently, the applicant was arrested along with co-accused though no recovery was made from the possession of the applicant and he has been falsely implicated in the instant case. It is further submitted that co- accused Vinod Kumar @ Babloo has been granted bail by a co- ordinate Bench of this Court in Criminal Misc. Bail Application No.8913 of 2025 vide order dated 27.06.2025, therefore, he is seeking parity to the aforesaid accused. The applicant has two case criminal history which has been explained in para 26 of the accompanying affidavit. Charge sheet has been filed by the police, therefore, there is no requirement for custodial interrogation. He is in jail since 27.01.2025. 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. 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- Shailesh Kumar 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 :- 17.7.2025 A.Kr. Digitally signed by :- AJAY KUMAR High Court of Judicature at Allahabad