Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:41093 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2101 of 2025 Applicant :- Shahnawaz Opposite Party :- State of U.P. Counsel for Applicant :- Sandeep Kumar Chaurasiya Counsel for Opposite Party :- Ashish Goyal,G.A. Hon'ble Deepak Verma,J.
1. Heard learned counsel for the applicant, learned counsel for the informant, learned A.G.A. for the State and perused the record.
2. The instant bail application has been filed with a prayer to release the applicant on bail in Case Crime No. 117 of 2024, registered under Sections 147, 148, 149, 307, 429 I.P.C., Police Station- Chandpur, District- Bijnor, during pendency of the trial.
3. Learned counsel for the applicant submitted that the applicant is innocent and has been falsely implicated in the present case due to ulterior motive. He next submitted that similarly placed co- accused, Shamim has been granted bail by Co-ordinate Bench of this Court vide order dated 27.11.2024 passed in Criminal Misc. Bail Application No. 40726 of 2024 and claims parity with the co- accused. Applicant has no criminal history to his credit. Applicant is languishing in jail since 11.12.2024. In case, the applicant is released on bail, he will not misuse the liberty of bail and co- operate in trial.
4. Learned counsel for the informant does not dispute the facts argued by learned counsel for the applicant.
5. Considering the entire facts and circumstances of the case,
submissions of learned counsel for the parties and keeping in view the nature of offence, evidence, complicity of accused and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
6. Let the applicant- Shahnawaz, who is involved in the aforesaid 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 prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial. (ii) The applicant shall cooperate in the trial sincerely without seeking any adjournment. (iii) The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
7. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Order Date :- 20.3.2025 Aditya Digitally signed by :- ADITYA KUSHWAHA High Court of Judicature at Allahabad