Jakir Shah Alias Jakra Vs State of U.P.

Neutral Citation No. - 2025:AHC:30097

Court No. - 66

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7466 of 2025

Applicant :- Jakir Shah Alias Jakra Opposite Party :- State of U.P. Counsel for Applicant :- J Shubham,Jitendra Kumar Mishra Counsel for Opposite Party :- G.A.

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Hon'ble Sameer Jain,J.

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Heard Sri J Shubham, learned counsel for the applicant and Dr. S.B. Maurya, learned AGA-I for the State.

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The instant bail application has been filed seeking release of the applicant on bail in Case Crime No. 213 of 2024, under Sections 331(8), 305(a), 317(2) B.N.S., Police Station Nawabganj, District Farrukhabad during pendency of the trial.

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Learned counsel for the applicant submits, FIR of the present case was lodged against unknown persons with regard to murder of the father of the informant and during investigation after one month through the information furnished by the police informer applicant has been made accused in the present matter.

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He further submits, after that applicant was arrested along with three others and as per prosecution applicant and others confessed their guilt and from their possession some belongings of the deceased were recovered and from the individual possession of the applicant Ayushman card of the deceased was recovered but entire recovery is false and planted one.

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He further submits, even on the basis of above recovery it cannot be said that applicant committed the murder of the deceased. He further submits, except the above evidences, there is no other evidence against the applicant on record.

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He further submits, applicant is not having any criminal history and in the present matter he is in jail since 25.09.2024 i.e. for last more than five months.

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Per contra, learned AGA opposed the prayer for bail but could not dispute the argument on facts advanced by learned counsel for

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the applicant.

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I have heard learned counsel for the parties and perused the record of the case.

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It is a case of circumstantial evidence and it reflects, during investigation through the information furnished by the police informer after one month applicant has been made accused along with three others and as per prosecution when he was arrested then he confessed his guilt and from his possession Ayushman card of the deceased was recovered and except this there is no other evidence against the applicant on record.

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This Court finds merit in the argument advanced by learned counsel for the applicant that on the basis of above recovery, it cannot be said that applicant involved in the present crime.

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Further, applicant is not having any criminal history and in the present matter he is in jail since 25.09.2024 i.e. for last more than five months.

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Therefore, considering the facts and circumstances of the case discussed above, in my view, applicant is entitled to be released on bail.

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Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed .

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Let the applicant - Jakir Shah @ Jakra be released on bail in the aforesaid case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-

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(i) The applicant shall appear before the trial court on the dates fixed, unless his personal presence is exempted.

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(ii) The applicant shall not directly or indirectly, make 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 any police officer or tamper with the evidence.

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(iii) The applicant shall not indulge in any criminal and anti-social activity.

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In case of breach of any of the above condition, the prosecution will be at liberty to move an application before this Court for cancellation of the bail of the applicant.

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It is clarified that the observations made herein are limited to the facts brought in by the parties pertaining to the disposal of bail application and the said observations shall have no bearing on the merits of the case during trial.

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Order Date :- 4.3.2025 AK Pandey

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Digitally signed by :- ANUPAM KUMAR PANDEY High Court of Judicature at Allahabad

Jakir Shah Alias Jakra v. State of U.P.

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