Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 26606 of 2025 Court No. - 66 HON'BLE ASHUTOSH SRIVASTAVA, J.
1. Heard Shri Pankaj Bharti, learned counsel for the applicant, Shri Punit Kumar Singh, learned AGA for the State-respondents and perused the record. 2. This bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been moved on behalf of accused-applicant, Shaheen Alias Shahid, seeking enlargement on bail in Case Crime No. 93 of 2016, under Sections 147, 148, 149, 304 of I.P.C., Police Station- Kairana, District- Shamli. 3. 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 28.09.2023. Learned counsel for the applicant submits that similarly circumstanced co-accused, Bilal, Aslam and Munawwar have already been enlarged on bail by co-ordinate Bench of this Court on 06.07.2016, 20.08.2016 and 25.10.2016 in Criminal Misc. Bail Application No. 21124 of 2016, 27200 of 2016 and 36979 of 2016, hence the applicant is also entitled for bail on the ground of parity for the reasons given in bail application of co-accused. The applicant has criminal antecedent of four cases and the same are duly explained in para 18 of the bail application 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. 4. 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 Versus Counsel for Applicant(s) : Pankaj Bharti Counsel for Opposite Party(s) : G.A. Shaheen Alias Shahid .....Applicant(s) State of U.P. .....Opposite Party(s)
been granted bail by this Court. 5. 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. 6. Accordingly, the bail application is allowed. 7. Let the accused-applicant, Shaheen Alias Shahid, 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. 8. 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 9, 2025 Anjali BAIL No. 26606 of 2025 2 (Ashutosh Srivastava,J.) Digitally signed by :- ANJALI SHARMA High Court of Judicature at Allahabad