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2025 DAILYLAW 88746 (ALL)

SHAKIB v. STATE OF U.P.

BAIL/29034/2025 · 2025-08-22

Gautam Chowdhary

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:145711 Court No. - 70 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 29034 of 2025 Applicant :- Shakib Opposite Party :- State of U.P. Counsel for Applicant :- Ram Raj Pandey,Shubham Pandey Counsel for Opposite Party :- G.A. 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. Learned counsel for the applicant submits that the incident is alleged to have taken place on 19.07.2025 whereas the F.I.R. has been lodged on 22.07.2025 against unknown person without there being any plausible explanation of such an inordinate delay. He further submits that the applicant was arrested by the police on 22.07.2025 and thereafter the applicant has been implicated not only in the present case but 11 more cases have been slapped upon the applicant. Learned counsel for the applicant submits that according to the recovery memo, on the information of police informer that in the sugarcane field electricity wires have been kept upon such information, the police rushed to the place of occurrence and recovered Rs. 220/- and 10 bundles of electricity wire loaded on pickup van (Chhota Hathi) from the possession of the applicant. Learned counsel further argued that no such recovery as alleged has been made either on the pointing or from the possession of the applicant and that the applicant has been falsely implicated in the present case due to ulterior motive. 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 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 23.07.2025. 3. Learned AGA has vehemently opposed the bail application and submits that in case the applicant is released on bail he will misuse the liberty of bail. 4. 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. 5. Let the applicant Shakib be released on bail in Case Crime No. 189 of 2025 under Sections 303(2), 317(2) B.N.S. Police Station Babugarh, District Hapur, on executing a personal bond and furnishing two local sureties each in the like amount to the satisfaction of the court concerned subject to 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. iv) 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. 6. In case of breach of any of the above condition, the trial Court shall be at liberty to cancel the bail of the applicant in accordance with law. Order Date :- 23.8.2025 S.Ali Digitally signed by :- SHAUKAT ALI High Court of Judicature at Allahabad