Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:40988 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2057 of 2025 Applicant :- Shaukin And Another Opposite Party :- State of U.P. Counsel for Applicant :- Sanjeet Kumar Mishra Counsel for Opposite Party :- G.A.,Pramod Kumar Srivastava Hon'ble Deepak Verma,J.
1. Heard learned counsel for the applicants, 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 applicants on bail in Case Crime No. 519 of 2024, registered under Sections 191(2), 191(3), 190, 109, 324(4), 125, 126(2), 3(5) B.N.S., Police Station- Shalimar Garden, District- Ghaziabad, during pendency of the trial.
3. Learned counsel for the applicants submitted that the applicants are innocent and have been falsely implicated in the present case due to ulterior motive. Applicants are not named in the first information report. Further, similarly placed co-accused, Mohsin has been granted bail by Co-ordinate Bench of this Court vide
order dated 04.02.2025 passed in Criminal Misc. Bail Application No. 2491 of 2025 and claims parity with the co-accused. Applicants have no criminal history to their credit. Applicant is languishing in jail since 09.10.2024 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 applicants.
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- Shaukin and Mustaqeem, who are involved
in the aforesaid case crime, be released on bail on their 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 applicants shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial. (ii) The applicants shall cooperate in the trial sincerely without seeking any adjournment. (iii) The applicants 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