Sheelu vs State of U.P. — Cheating and Forgery | Allahabad HC (2025)

Sheelu vs State of U.P. — Cheating and Forgery | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Accused-applicant Sheelu to be released on bail in Case Crime No. 142 of 2025 on executing a personal bond and two reliable sureties each, to the satisfaction of the court concerned, subject to conditions: (1) no tampering with evidence; (2) no indulgence in criminal activity; (3) no pressure/intimidation of prosecution witnesses and cooperation in trial; (4) regular appearance on every date fixed by the trial court unless exempted; breach entitles the court below to cancel bail.

Issue for consideration

Whether the accused-applicant Sheelu, in custody since 26.06.2025 in Case Crime No. 142 of 2025 (P.S. Rajpura, District Shambhal) under Sections 318(4), 338, 336(3), 340(2), 111(2) (Kha) BNS 2023, should be enlarged on bail, particularly on parity with co-accused already released.

Court's answer

Considering the facts and circumstances, nature of accusations, severity of punishment, nature of supporting evidence, apprehension of tampering and prima facie case, but without commenting on the merits, a case for bail is made out.

Ratio / Principle

The bail application is allowed; the accused-applicant Sheelu is to be released on bail on executing a personal bond and two reliable sureties each, in the like amount, to the satisfaction of the court concerned, subject to conditions (no tampering with evidence, no criminal activity, no pressure/intimidation of prosecution witnesses, cooperation in trial, and regular appearance before the trial court).

Key takeaways

In the event of breach of any of the bail conditions, the court below is at liberty to proceed to cancel the applicant's bail.ratio¶18

Detailed headnote1 paragraphs

Bail — S.483 Bharatiya Nagarik Suraksha Sanhita, 2023 — applicant Sheelu, accused in Case Crime No. 142 of 2025, P.S. Rajpura, District Shambhal, under Ss. 318(4), 338, 336(3), 340(2), 111(2) (Kha) Bharatiya Nyaya Sanhita, 2023 — in jail since 26.06.2025 — parity: co-accused Sachin Sharma Alias Monu, Shahrukh Khan and Hirendra Kumar already enlarged on bail in Criminal Misc. Bail Application Nos. 24934, 26501 and 26437 of 2025 — A.G.A. did not dispute that co-accused were granted bail — without commenting on merits, and considering nature of accusations, severity of punishment, supporting evidence and apprehension of tampering, bail allowed on personal bond and two reliable sureties each, with conditions; breach empowers the court below to cancel bail. (Ashutosh Srivastava, J.; order dated 14.08.2025)

Neutral Citation No. - 2025:AHC:139196

Court No. - 66

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 26115 of 2025

Applicant :- Sheelu Opposite Party :- State of U.P. Counsel for Applicant :- Abhilasha Singh, Ashutosh Yadav, Shyam Lal Counsel for Opposite Party :- G.A.

Hon'ble Ashutosh Srivastava, J.

Heard Ms. Abhilasha Singh, learned counsel for the applicant, Sri S.K. Rai, learned A.G.A for the StateRespondent and perused the record.

This bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, has been moved on behalf of accused-applicant seeking enlargement on bail in Case Crime No. 142 of 2025, under Sections 318(4), 338, 336(3), 340(2), 111(2) (Kha) of the Bharatiya Nyaya Sanhita, 2023, Police Station- Rajpura, District- Shambhal.

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 26.06.2025 . Learned counsel for the applicant submits that similarly circumstanced co-accused - Sachin Sharma Alias Monu, Shahrukh Khan and Hirendra Kumar have already been enlarged on bail by this Court as well as by Coordinate Bench of this Court on 28.07.2025, 08.08.2025, & 08.08.2025 in Criminal Misc. Bail Application Nos. 24934 of 2025, 26501 of 2025 and 26437 of 2025 respectively. He 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.

Per contra learned A.G.A. has opposed the prayer for bail of the applicant, but could not dispute the fact that similarly circumstanced aforesaid co-accused have already been granted bail by this Court.

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.

Accordingly, the bail application is allowed.

Let the accused-applicant, Sheelu, 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:

The applicant will not tamper with the evidence.

The applicant will not indulge in any criminal activity.

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

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.

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

Order Date :- 14.08.2025. Vinod.

(Ashutosh Srivastava, J.)

Digitally signed by :- VINOD KUMAR JAISWAL High Court of Judicature at Allahabad