Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 81553 (ALL)

SHANI ALIAS DEEPAK v. STATE OF U.P.

BAIL/26971/2025 · 2025-09-10

Krishan Pahal

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 26971 of 2025 Court No. - 67 HON'BLE KRISHAN PAHAL, J. 1. List has been revised. 2. Heard Sri Shubham Singh, learned counsel for the applicant and Ms. Ifrah Islam, learned State Law Officer and perused the record. 3. Applicant seeks bail in Case Crime No. 77 of 2025, under Sections 115(2), 351(2), 117(2), 118(2), 109 of BNS, Police Station Mundali, District Meerut, during the pendency of trial. 4. Learned counsel for the applicant has argued that the applicant is absolutely innocent and has been falsely implicated in the present case. He has nothing to do with the said offence. 5. Learned counsel has next stated that the allegations are per se false. There is no motive or intention on the part of the applicant to commit the said offence of throwing the said cauldron, as such the applicant is entitled for bail. 6. There is no criminal history of the applicant. The applicant is languishing in jail since 26.05.2025 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. 7. Learned State Law Officer has vehemently opposed the bail application on the ground that the injuries sustained by the injured person are grievous in nature and he has sustained injury on his head, as such he is Versus Counsel for Applicant(s) : A.C.Srivastava, Subham Singh Counsel for Opposite Party(s) : G.A. Shani Alias Deepak .....Applicant(s) State of U.P. .....Opposite Party(s) not entitled for bail. 8. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record and taking into consideration the circumstances as narrated in the FIR and taking into account the role of the applicant, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed. 9. Let the applicant- Shani @ Deepak, who is involved in aforementioned case 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 subject to following conditions. Further, before issuing the release order, the sureties be verified. i) The applicant shall not tamper with the evidence during trial. ii) The applicant shall not pressurise/intimidate with the prosecution witnesses. iii) The applicant shall appear before the trial court on the date fixed. 10. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 11. It is made clear that observations made in granting bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses. September 11, 2025 Sumit S BAIL No. 26971 of 2025 2 (Krishan Pahal,J.) Digitally signed by :- SUMIT SRIVASTAVA High Court of Judicature at Allahabad Digitally signed by :- SUMIT SRIVASTAVA High Court of Judicature at Allahabad