Shadab Vs State of U.P.

Neutral Citation No. - 2025:AHC:103387

Court No. - 66

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 22148 of 2025

Applicant :- Shadab Opposite Party :- State of U.P. Counsel for Applicant :- Akash Tomar Counsel for Opposite Party :- G.A.

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Hon'ble Ashutosh Srivastava,J.

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Heard Shri Akash Tomar, learned counsel for the applicant, Shri Manoj Kumar Singh, learned AGA for the State-respondents and perused the record.

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This bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been moved on behalf of accusedapplicant, Shadab, seeking enlargement on bail in Case Crime No. 67 of 2025, under Sections 103(1) and 61(2) of the Bharatiya Nyaya Sanhita, 2023, Police Station- Kotwali Dehat, DistrictBijnor.

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As per First Information Report, role of firing has been assigned to co-accused, Shivang Tyagi who is alleged to have fired upon the deceased with whom he wanted to marry, but due to her marriage being fixed with other person and some family hurdles, he could not do that.

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Learned counsel for the applicant argued that the accusedapplicant is innocent. He has been falsely implicated in this very case crime number and is languishing in jail since 21.04.2025. Learned counsel for the applicant submits that the applicant is neither named in the First Information Report nor his name disclosed in the statement of the informant. Only the role of supplying fire arm has been assigned to the applicant which too has surfaced from, the confessional statement of the co-accused, Shivang Tyagi who has been assigned role of shooting.

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Learned counsel for the applicant further submits that confessional statement of the co-accused is inadmissible in evidence and in order to buttress his submissions, he placed reliance upon judgments passed by the Apex Court in the case of Munikrishna and Ors. Vs. State by Ulsoor PS, Criminal Appeal Nos. 1597-

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1600 of 2022 (arising out of SLP (Crl.) Nos. 8792-9795 of 2022) and P. Krishna Mohan Reddy Vs. The State of Andra Pradesh in Special Leave Petitions (Crl.) No. 7533-34 of 2025 . The applicant has no criminal antecedent and there is no likelihood of his fleeing from course of justice or tampering with evidence in case of release on bail. Hence, bail has been prayed for.

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Learned AGA has vehemently opposed the prayer for bail.

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Considering all above facts and circumstances, the nature of accusations, severity of the punishment in the case of conviction and nature of supporting evidence, reasonable apprehension of tampering with the witness and prima facie case, but without commenting on merit of case, a case for bail is made out.

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Accordingly, the bail application is allowed .

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Let the accused-applicant, Shadab , involved in above mentioned case crime number be released on bail, on his executing a personal bond and two reliable sureties each, in the like amount to the satisfaction of the court concerned, subject to the following conditions:

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The applicant will not tamper with the evidence.

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The applicant will not indulge in any criminal activity.

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The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial.

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The applicant will appear regularly on each and every date fixed by the trial court, unless his personal appearance is exempted through counsel by the court concerned.

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In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail.

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Order Date :- 3.7.2025 Anjali

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Digitally signed by :- ANJALI SHARMA High Court of Judicature at Allahabad

Shadab v. State of U.P.

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