Shaahabjada Vs State of U.P. — Allahabad HC (2025) — LawSathi Research

Shaahabjada Vs State of U.P. — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Applicant Shaahabjada to be enlarged on bail in FIR/Crime No. 215/2025 (PS Lisadi Gate, Meerut; Ss. 109(1), 191(2), 115(2), 352, 351(2), 333, 324(3) BNS) on furnishing a personal bond and two sureties of like amount to the satisfaction of the concerned court, subject to five conditions: (i) no tampering with prosecution evidence during trial/testimony; (ii) no intimidating/threatening of witnesses or complainant/victim; (iii) compliance with orders, regular appearance on fixed dates without unnecessary delay and honest cooperation in trial; (iv) no misuse of liberty and no involvement in criminal activity/acts; (v) no inducement, threat or promise to any person acquainted with the facts or police officials to withhold disclosure; breach entitles the trial court to cancel the bail as per law.

Issue for consideration

Whether the applicant, booked in FIR/Crime No. 215/2025 at PS Lisadi Gate, Meerut, under Sections 109(1), 191(2), 115(2), 352, 351(2), 333 and 324(3) BNS, is entitled to be enlarged on bail. +1 more

Court's answer

Taking a holistic view of the material facts and circumstances available on record in the light of counsel's arguments, and considering the nature of the evidence, the absence of any concrete opposing material and the absence of any possibility of tampering with the available material, the Court is of the view that there is fit ground to release the applicant on bail.

Ratio / Principle

Without making any comment on the merits of the case, the applicant is ordered to be released on bail for the aforesaid offence upon satisfying the concerned court with a personal bond and two sureties of like amount, subject to the enumerated conditions.

Key takeaways

In the event of breach of any of the bail conditions, the trial court shall be free to cancel the applicant's bail in accordance with law.ratio¶¶21

Detailed headnote1 paragraphs

High Court of Judicature at Allahabad (Court No. 70), Dr. Gautam Chowdhary, J., September 22, 2025 — Criminal Misc. Bail Application No. 32417 of 2025 by Shaahabjada seeking bail in FIR/Crime No. 215/2025, PS Lisadi Gate, District Meerut, under Ss. 109(1), 191(2), 115(2), 352, 351(2), 333, 324(3) BNS. Allegation: applicant together with four others came to the informant's house, beat family members, and while leaving threatened them and fired at Chutail Shaukin's leg — the injured person's own statement attributes the shot, fired while fleeing, to co-accused Farman, and the Court noted that the principal role in the incident is attributed to Farman. Defence submissions: false and frivolous implication; delay in FIR without adequate explanation; no recovery from the applicant connected with the incident, alleged recoveries wholly false and without independent witness; no specific/distinctive role shown for the applicant, identical role for all, and nothing to show a weapon in his hand; criminal antecedents explained in a supplementary affidavit filed that day (serial no. 3); parity with co-accused Nadeem urf Pa already bailed by the same Bench in Bail Application No. 28717/2025; applicant innocent, in custody since 03.06.2025, undertakes to cooperate with the process. Learned AGA opposed, contending the offence is serious and grave in nature. Taking a comprehensive view of the salient facts, nature of evidence, absence of any concrete opposing material and no likelihood of tampering, the Court found fit ground for release and granted bail without comment on merits: release on furnishing a personal bond and two sureties of like amount, subject to five standard conditions (no tampering with prosecution evidence; no threatening of witnesses/complainant; compliance with orders and regular attendance/cooperation in trial; no misuse of liberty or criminal activity; no inducement/threat/promise to witnesses or police), with liberty to the trial court to cancel bail upon breach of any condition.