Shani vs State of U.P.

Neutral Citation No. - 2025:AHC:116355

Court No. - 68

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 22967 of 2025

Applicant :- Shani Opposite Party :- State of U.P. Counsel for Applicant :- Mohd Hamid Counsel for Opposite Party :- G.A.

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Hon'ble Arun Kumar Singh Deshwal,J.

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Supplementary affidavit filed today is taken on record.

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Heard Sri Mohd Hamid, learned counsel for the applicant, Sri Uday Bhan, learned A.G.A. for the State and perused the record.

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The instant bail application has been filed with a prayer to release the applicant on bail in Case Crime No.159 of 2025, under Sections-317(2), 317(5) of BNS, Police Station-Tronica City, District-Ghaziabad, during the pendency of the trial.

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Contention of learned counsel for the applicant is that applicant has been falsely implicated only on the basis of recovery of two motorcycles from the joint possession of the applicant and three other accused persons, though, aforesaid recovery was not witnessed by any independent witness. It is further submitted that the applicant has criminal history of four cases which have been explained in the supplementary affidavit. It is further submitted that charge sheet has been filed in the present case, therefore, there is no requirement of custodial interrogation. The applicant is a law abiding citizen and he is languishing in jail since 29.03.2025. In case, he is granted bail, he will not misuse the liberty of bail and would cooperate in the trial proceedings.

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Learned A.G.A. has opposed the prayer for bail but could not dispute the aforesaid facts.

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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, I am of the opinion that the applicant is entitled to be enlarged on bail.

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Let the applicant- Shani involved in the aforementioned 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, with the following conditions:-

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i. 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 him from disclosing such facts to the Court or to any police officer or tamper with the evidence.

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ii. The applicant shall cooperate in the trial/investigation sincerely without seeking any adjournment.

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iii. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.

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iv. The applicant shall attend in accordance with the conditions of the bond executed by him.

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