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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 26692 of 2025 Court No. - 70 HON'BLE DR. GAUTAM CHOWDHARY, J.
1. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record. 2. The accused applicant is involved in Case Crime No.111 of 2025 under Sections 316(5), 318(4) B.N.S., Police Station Hazratnagar Garhi, District Sambhal. 3. The prosecution story in brief is that the informant was checking the meat licence shop and he saw that one new shop was running by the one Zeeshan (co-accused) on query it was intimated that he had applied for licence through Shamim Haider alias Simmi (co-accused) and handed his Adhar Card and Rs. 25,000/-, who in turn got him issued "No Objection Certificate" for running the shop by one Shiv Kumar Kumar Singh-the applicant in the present case, working as a Constable at the concerned police station. Whereafter the informant talephonically asked the applicant about the same, who had accepted that to put the round seal over the "No Objection Certificate" he had taken Rs. 1000/-
4. Learned counsel for the applicant that the incident is alleged to have taken place on 04.06.2025, whereas the F.I.R., has been lodged on 06.07.2025 without there being any plausible explanation of such an inordinate delay. He further submits that the applicant is a Head Moharir (Constable) working at the concerned Police Station, who is innocent and has been falsely implicated in the present case. Learned counsel further argued that neither any amount has been taken by the applicant nor any seal has been put by the applicant. Learned counsel also argued that there is no evidence against the applicant to connect the complicity in commission of alleged offence. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed before the Court. The circumstances which, according to the counsel, led to the false implication of the accused have also been Versus Counsel for Applicant(s) : Santosh Kumar Tiwari, Shyam Sundar Sharma Counsel for Opposite Party(s) : G.A. Shiv Kumar .....Applicant(s) State of U.P. .....Opposite Party(s)
mentioned.
It has also been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required and is also ready to accept all the conditions which the Court may deem fit to impose upon him. He next submits that applicant is languishing in jail since
07.07.2025. 5. Learned AGA has vehemently opposed the bail application but could not dispute the arguments advanced by learned Counsel for the applicants. 6. Considering the overall facts and circumstances, the nature of allegations, the gravity of offence and without expressing any opinion on merits, this Court finds it to be a fit case for bail. Accordingly, the bail application stands allowed. 7. Let the applicant Shiv Kumar be released on bail in the aforementioned case crime number on executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned with the following conditions: i) The applicant shall not tamper with the prosecution evidence. ii) The applicant shall not threaten or harass the prosecution witnesses. iii) The applicant shall appear on the date fixed by the trial court. v) The applicant shall not commit an offence similar to the offence of which the applicant is accused, or suspected of the commission. v) 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 such person from disclosing facts to the Court or to any police officer or tamper with the evidence. 8. In case of default of any of the conditions enumerated above, the informant would be free to move an application for cancellation of bail before this Court. September 10, 2025 S.Ali BAIL No. 26692 of 2025 2 (Dr. Gautam Chowdhary,J.) Digitally signed by :- SHAUKAT ALI High Court of Judicature at Allahabad