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2025 DAILYLAW 78091 (ALL)

SHUBHAS SINGH v. STATE OF U.P.

BAIL/25790/2025 · 2025-09-15

Ashutosh Srivastava

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 25790 of 2025 Court No. - 66 HON'BLE ASHUTOSH SRIVASTAVA, J. Heard Shri Satya Dheer Singh Jadaun, learned counsel for the applicant, Shri Vijendra Singh, learned AGA for the State-respondents and perused the record. This bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been moved on behalf of accused-applicant, Shubhas Singh, seeking enlargement on bail in Case Crime No. 69 of 2025, under Sections 103 (1), 3 (5) of the Bharatiya Nyaya Sanhita, 2023 and Section 3/25/27 of Arms Act, Police Station Barla, District Aligarh. 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 25.3.2025. Learned counsel for the applicant submits that applicant was not named in the FIR. His name has surfaced on record on the basis of second statement of witness Laxmi, which was recorded after 08 days of the incident. In the first statement of witness Laxmi she has not said anything adverse against the applicant nor taken the name of the applicant. Second statement of Laxmi is an afterthought version. False recovery of Tamancha has been shown from the pointing out of the applicant. There is no eye witness of the alleged occurrence. 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. Versus Counsel for Applicant(s) : Satya Dheer Singh Jadaun, Vikrant Neeraj Counsel for Opposite Party(s) : G.A. Shubhas Singh .....Applicant(s) State of U.P. .....Opposite Party(s) Learned AGA has vehemently opposed the prayer for bail. 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, Shubhas Singh, 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. September 16, 2025 Ravi Prakash BAIL No. 25790 of 2025 2 (Ashutosh Srivastava,J.) Digitally signed by :- RAVI PRAKASH High Court of Judicature at Allahabad Digitally signed by :- RAVI PRAKASH High Court of Judicature at Allahabad