Ali Alias Rahil Jamal Shamsi Vs State of U.P. — Allahabad HC (2025) — LawSathi Research

Ali Alias Rahil Jamal Shamsi Vs State of U.P. — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Bail granted to applicant Ali @ Rahil Jamal Shamsi on furnishing a personal bond and two sureties each in the like amount, to the satisfaction of the court concerned, subject to conditions: (i) no inducement, threat or promise to any person acquainted with the facts so as to dissuade disclosure to the Court/police or tampering with evidence; (ii) sincere cooperation in trial/investigation without seeking adjournment; (iii) no criminal activity or commission of any crime after release; (iv) attendance per the executed bond conditions; identity, status and residence proof of applicant and sureties to be verified before bonds are accepted; breach of any condition to be a ground for cancellation of bail.

Issue for consideration

Whether the applicant (Ali alias Rahil Jamal Shamsi) is entitled to be released on bail in Case Crime No.195 of 2025 (Sections 137(2), 87 BNS, Police Station-Linepar, District-Firozabad) during the pendency of the trial.

Court's answer

Considering the entire facts and circumstances, submissions of learned counsel for the parties, nature of offence, evidence and complicity of accused, and without expressing any opinion on the merits of the case, the applicant is entitled to be enlarged on bail.

Ratio / Principle

Applicant Ali @ Rahil Jamal Shamsi 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, subject to the prescribed conditions of conduct.

Key takeaways

Any breach of the stipulated bail conditions shall constitute a ground for cancellation of bail.ratio¶21

Detailed headnote1 paragraphs

CRIMINAL MISC. BAIL APPLICATION No. - 34062 of 2025 (decided October 14, 2025; Arun Kumar Singh Deshwal, J., High Court of Judicature at Allahabad): Single-judge bail order granting bail to Ali alias Rahil Jamal Shamsi in Case Crime No.195 of 2025 under Sections 137(2) and 87 of BNS, Police Station-Linepar, District-Firozabad. Counsel contended that though the FIR alleged enticing away of the first informant's daughter, the victim's statement u/s 183 of BNSS records that she herself left her house as she is in a relationship with the applicant, indicating false implication; charge sheet had been filed and the applicant was in jail since 29.08.2025. Learned A.G.A. opposed the prayer but could not dispute the aforesaid facts. Court held, without expressing any opinion on the merits, that the applicant was entitled to be enlarged on bail; release ordered on furnishing a personal bond and two sureties each in the like amount with four conduct conditions (no inducement/threat/promise or evidence tampering; sincere cooperation in trial/investigation without adjournments; no criminal activity after release; attendance per bond), with breach of any condition constituting a ground for cancellation of bail, and verification of identity, status and residence proof of applicant and sureties before acceptance of bonds.

HIGH COURT OF JUDICATURE AT ALLAHABAD

CRIMINAL MISC. BAIL APPLICATION No. - 34062 of 2025

Ali Alias Rahil Jamal Shamsi

.....Applicant(s)

Versus State of U.P. .....Opposite Party(s) Counsel for Applicant(s) : Ajay Vikram Yadav, Jetendra Kumar Pandey Counsel for Opposite Party(s) : G.A.

Court No. - 69

HON'BLE ARUN KUMAR SINGH DESHWAL, J.

Heard Sri Jitendra Kumar Pandey, learned counsel for the applicant, Sri Anand Pratap Singh, learned A.G.A. for the State and perused the record.

The instant bail application has been filed with a prayer to release the applicant on bail in Case Crime No.195 of 2025, under Sections137(2), 87 of BNS, Police Station-Linepar, District-Firozabad, during the pendency of the trial.

Contention of learned counsel for the applicant is that though in the FIR allegation has been made to entice away the daughter of first informant but the victim in her statement u/s 183 of BNSS has stated that she herself left her house as she is in relationship with the applicant. Therefore, applicant has been falsely implicated. 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 29.08.2025. In case, he is granted bail, he will not misuse the liberty of bail and would cooperate in the trial proceedings.

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

Considering the entire facts and circumstances of the case,

BAIL No. 34062 of 2025

2

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.

Let the applicant- Ali @ Rahil Jamal Shamsi, 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:-

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.

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

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

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

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.

(Arun Kumar Singh Deshwal,J.)

October 14, 2025 S.C.

Digitally signed by :- SHUBHAM CHAURASIA High Court of Judicature at Allahabad