Allowed¶15

Shamir Alias Shami v. State of U.P. and Another

Allahabad HC15 Sept 2025BAIL/30726/2025

Case brief

AI extract

What is this about?

Allahabad High Court, Court No. 67; Krishan Pahal, J.; Criminal Misc. Bail Application No. 30726 of 2025; Shamir Alias Shami v. State of U.P. and Another; Section 2/3 U.P. Gangster and Anti-Social Activities (Prevention) Act, 1986; Case Crime No. 0378 of 2025; Police Station Khair, District Aligarh; bail allowed without expressing opinion on merits; personal bond and two sureties; bail conditions; decided September 16, 2025.

What did the court decide?

Bail granted to applicant Shamir Alias Shami on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned, subject to conditions regarding non-tampering with evidence, cooperation in trial without adjournments, abstention from criminal activity, and verification of identity, status and residence proof before acceptance of bonds. ¶15

Shamir Alias Shami Vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

¶15

Issue for consideration

Whether the applicant, arraigned under Section 2/3 of the U.P. Gangster and Anti-Social Activities (Prevention) Act, 1986 in Case Crime No. 0378 of 2025, Police Station Khair, District Aligarh, should be released on bail during the pendency of trial.

¶12

Court's answer

Without expressing any opinion on the merits, the bail application is allowed.

¶15

Ratio / Principle

The applicant is to be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned.

¶15

Key takeaways

Release is subject to conditions, including that the applicant shall not tamper with prosecution evidence by intimidating or pressurizing witnesses during investigation or trial, shall cooperate in the trial sincerely without seeking adjournments, and shall not indulge in any criminal activity after release.ratio¶16
Breach of any of the bail conditions shall be a ground for cancellation of bail; identity, status and residence proof of the applicant and sureties is to be verified by the court concerned before the bonds are accepted.ratio¶22

Detailed headnote1 paragraphs

Bail — U.P. Gangster and Anti-Social Activities (Prevention) Act, 1986, S. 2/3 — Case Crime No. 0378 of 2025, P.S. Khair, Distt. Aligarh — applicant contended prosecution was launched on the basis of a single criminal case shown in the gang chart in which he had already been enlarged on bail, that he was falsely implicated due to police rivalry, and that his criminal history of 3 cases stood explained; AGA opposed the prayer — without expressing any opinion on the merits, bail allowed on furnishing a personal bond and two sureties each in the like amount, subject to conditions (no tampering with evidence/witnesses, sincere cooperation in trial without adjournments, no criminal activity after release); breach of conditions to be a ground for cancellation of bail; identity, status and residence proof of applicant and sureties to be verified before bonds are accepted.

¶1

HIGH COURT OF JUDICATURE AT ALLAHABAD

¶2

CRIMINAL MISC. BAIL APPLICATION No. - 30726 of 2025

Shamir Alias Shami

.....Applicant(s)

Versus

State of U.P. and Another	.....Opposite P
Counsel for Applicant(s)	: D.S. Mani Tripathi, R.P. Mishra
Counsel for Opposite Party(s)	: G.A.

¶7

.....Opposite Party(s)

¶8

Court No. - 67

¶9

HON'BLE KRISHAN PAHAL, J.

¶10

List has been revised.

¶11

Heard Sri Rajeshwari Prasad Misrha, learned counsel for the applicant, Sri R.P. Patel, learned State Law Officer for the State and perused the material placed on record.

¶12

By means of the present bail application, the applicant seeks bail in Case Crime No. 0378 of 2025, under Section 2/3 of U.P. Gangster and Anti-Social Activities (Prevention) Act, 1986, Police Station-Khair, District-Aligarh, during the pendency of trial.

¶13

It is argued by the learned counsel for the applicant that the prosecution under the Gangsters Act have been launched against the applicant on the basis of single criminal case shown in the gang chart in which he has already been enlarged on bail by the court concerned. The details of criminal cases have been mentioned in paragraph 7 to the affidavit accompanying the bail application. He has been falsely implicated in the present case due to police rivalry. He is not the member of any gang. Learned counsel has further stated that there is a criminal history of 3 cases against the applicant, which has been explained in paragraph 12 to the affidavit accompanying the bail application The applicant is languishing in jail since 02.08.2025. In case, the applicant is released on bail, he will not misuse the liberty of bail.

¶14

On the other hand, learned AGA opposed the prayer for bail.

¶15

Without expressing any opinion on the merits, the bail application is allowed. Let the applicant- Shamir Alias Shami , involved in aforementioned case 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 that :-

¶16

i. The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.

¶17

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

¶18

BAIL No. 30726 of 2025

¶19

¶20

adjournment.

¶21

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

¶22

In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.

¶23

September 16, 2025 Karan

¶24

(Krishan Pahal,J.)

¶25

Digitally signed by :- KARAN KUMAR RAO High Court of Judicature at Allahabad

Shamir Alias Shami v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Shamir Alias Shami v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

All orders in this case

Similar cases