Shubham vs State of U.P.

Neutral Citation No. - 2025:AHC:124667

Court No. - 47

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 22079 of 2025

Applicant :- Shubham Opposite Party :- State of U.P. Counsel for Applicant :- Irfan Chaudhary,Srijan Pandey Counsel for Opposite Party :- G.A.

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Hon'ble Siddharth,J.

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Supplementary affidavit filed by learned counsel for the applicant is taken on record.

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Heard learned counsel for the applicant and learned A.G.A for the State.

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This is the second bail application. The first bail application was rejected by this court vide order dated 4.1.2023.

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Learned counsel for the applicant submits that role of the applicant is similar to the co-accused, Sunny, who has been granted bail by this court vide order dated 2.5.2025 passed in Criminal Misc. Bail Application No. 11573 of 2025.Only two witnesses out of 22 prosecution witnesses have been examined.The applicant is in jail since 24.8.2021 and has criminal history of six cases which includes two cases of major offence.

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On the other hand learned A.G.A has opposed the prayer for bail.

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Keeping in view the nature of the offence, evidence, complicity of the accused, submissions of the learned counsel for the parties noted above, finding force in the submissions made by the learned counsel for the applicant, larger mandate of the Article 21 of the Constitution of India, recent judgment dated 11.07.2022 of the Apex Court in the case of Manish Sisodia vs. Directorate of Enforcement, 2024 LawSuit (SC) 677. and considering 5-6 times overcrowding in

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jails over and above their capacity by the under trials 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.

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Let the applicant, Shubham , involved in Case Crime No.428 of 2021 , under Section- 342, 302,506,34 IPC, Police Station- Kairana, DistrictShamli, 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.

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(i) The applicant shall not tamper with the evidence or threaten the witnesses.

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(ii) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in Court. In case of default of this condition, it shall be open for the Trial Court to treat it as abuse of liberty of bail and pass orders in accordance with law.

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(iii) The applicant shall remain present before the Trial Court on each date fixed, either personally or as directed by the Court. In case of his absence, without sufficient cause, the Trial Court may proceed against him under Section 229-A of the Indian Penal Code.

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(iv) In case the applicant misuses the liberty of bail during trial and in order to secure his presence, proclamation under Section 82 Cr.P.C. is issued and the applicant fails to appear before the Court on the date fixed in such proclamation then the Trial Court shall initiate proceedings against him in accordance with law under Section 174-A of the Indian Penal Code.

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(v) The applicant shall remain present in person

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before the Trial Court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. If in the opinion of the Trial Court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the Trial Court to treat such default as abuse of liberty of bail and proceed against him in accordance with law.

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(vi) The applicant will get his attendance recorded before the Police Station Kairana, District Shamli, in the first week of every second month after he is released on bail and till the conclusion of trial.

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In case, of breach of any of the above conditions, it shall be a ground for cancellation of bail.

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Order Date :- 28.7.2025 Atul kr. sri.

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Digitally signed by :- ATUL KUMAR SRIVASTAVA High Court of Judicature at Allahabad

Shubham v. State of U.P.

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Shubham v. State of U.P.

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