Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 26992 of 2025 Court No. - 67 HON'BLE KRISHAN PAHAL, J.
1. List has been revised. Supplementary affidavit filed by learned counsel for the applicant today is taken on record. 2. Heard Sri Vivek Singh, learned counsel for the applicant and Sri V.K.S. Parmar, learned A.G.A. for the State and perused the record. 3. Applicant seeks bail in Case Crime No. 81 of 2025, under Sections 324(4), 288(2) of BNS and Section 3(A) of Explosive Substances Act, Police Station Kotwali, District Meerut, during the pendency of trial. 4. As per prosecution story, the applicant is stated to have thrown a bomb in the house of the relative and after frantic search, the applicant along with other co-accused person Shahid and Shadab s/o Mohd Jeeshan are stated to have accumulated heavy amount of explosive substances in their houses which were recovered by the police on 03.06.2025 at about 11:45 a.m.
5. 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. 6. Learned counsel has next stated that the allegations are per se false. The said recovery was not made from the house of the applicant, rather it was the house of the informant and applicant has been falsely implicated in the case. Versus Counsel for Applicant(s) : Vivek Singh Counsel for Opposite Party(s) : G.A. Shadab .....Applicant(s) State of U.P. .....Opposite Party(s)
7. The criminal history assigned to the applicant has been explained. The applicant is languishing in jail since 06.06.2025 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. 8. Learned A.G.A. has vehemently opposed the bail application. 9. In the case of Prabhakar Tewari Vs. State of U.P. and another, (2020) 11 SCC 648, the Supreme Court has observed that pendency of several criminal cases against an accused by itself cannot be a basis for refusal of bail. 10. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record and without expressing any opinion on the merit of the case, the Court is of the view that the applicant has made out a case for bail.
The bail application is allowed. 11. Let the applicant- Shadab s/o Suleman, 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. 12. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 13. 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. 26992 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