Shakib Ahamad Vs State of U.P.

Neutral Citation No. - 2025:AHC:24392

Court No. - 68

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2483 of 2025

Applicant :- Shakib Ahamad Opposite Party :- State of U.P. Counsel for Applicant :- Abhishe Pandey Counsel for Opposite Party :- G.A.

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Hon'ble Ashutosh Srivastava,J.

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Heard Shri Abhishek Pandey, learned counsel for the applicant, Shri Arimardan Yadav, learned A.G.A. for the State-respondents and perused the record.

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This bail application under Section 483 of the Bhartiya Nagrik Suraksha Sanhita, 2023 has been moved on behalf of accusedapplicant, Shakib Ahamad, seeking enlargement on bail in Case Crime No. 262 of 2024, under Section 191(2), 191(3), 109(1), 190, 115(2), 352, 351(3), B.N.S., Police Station Maniar, District- Ballia.

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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 3.11.2024. He submits that sudden quarrel took place between two minor children and due to the enmity the applicant and his family members falsely implicated in the present case. He further submits that no specific allegations assigned against the applicant, only general allegations have been levelled against the applicant; injuries sustained by the injured are simple in nature. 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 opposed the prayer of bail but could not dispute the submissions made by counsel for the applicant.

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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, Shakib Ahamad , 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 :- 19.2.2025 Md Faisal

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Digitally signed by :- MOHD FAISAL High Court of Judicature at Allahabad

Shakib Ahamad v. State of U.P.

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