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Shashank Alias Shashank Bhardwaj vs State of U.P. — Allahabad HC (2025) — LawSathi Research

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Allahabad HC
2025
Shashank Alias Shashank Bhardwaj vs State of U.P.Shashank Alias Shashank Bhardwaj v. State of U.P.

Allowed¶¶11

Shashank Alias Shashank Bhardwaj v. State of U.P.

Allahabad HC7 Mar 2025BAIL/8110/2025

Case brief

AI extract

What is this about?

Bail granted | Allahabad High Court Court No. 67 | Judge Deepak Verma | Neutral Citation 2025:AHC:39973 | Criminal Misc. Bail Application No. 8110 of 2025 | Order date 19.3.2025 | Applicant Shashank Alias Shashank Bhardwaj (@ Shashank Bhardwaj) | Case Crime No. 1138 of 2024 | Sections 140(2), 317(3) B.N.S. | P.S. Kotwali Sahar, District Bijnor | Custody since 14.12.2024 | Counsel Akash Khare (applicant); G.A./A.G.A. (State) | Released on personal bond and two sureties each in like amount, surety verification required | Conditions: no tampering/intimidation of witnesses, cooperation in trial without adjournment, no criminal activity | Breach = ground for cancellation of bail.

What did the court decide?

Release of the applicant on bail upon furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned (sureties to be verified before release), subject to the stated conditions.

Why is it important?

Considering the material available on record, the nature of the offence, arguments advanced and evidence of complicity of the accused, and without expressing any opinion on the merits, the applicant has made out a case for bail; the bail application is allowed. ¶¶10

What the court decided

AI extract

Outcome

Release of the applicant on bail upon furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned (sureties to be verified before release), subject to the stated conditions.

Issue for consideration

Whether the applicant Shashank @ Shashank Bhardwaj should be released on bail in Case Crime No.1138 of 2024 under Sections 140(2), 317(3) B.N.S., P.S. Kotwali Sahar, District Bijnor, during pendency of trial.

Court's answer

Considering the material available on record, the nature of the offence, arguments advanced and evidence of complicity of the accused, and without expressing any opinion on the merits, the applicant has made out a case for bail; the bail application is allowed.

Ratio / Principle

Release on bail is ordered on furnishing a personal bond and two sureties each in the like amount, subject to conditions (no tampering with prosecution evidence/witnesses, sincere cooperation in trial without adjournments, no criminal activity), and breach of any condition shall be a ground for cancellation of bail.

Detailed headnote1 paragraphs

Allahabad H.C., Crim. Misc. Bail Application No. 8110 of 2025 (decided 19.3.2025, Judge Deepak Verma): bail granted to applicant Shashank @ Shashank Bhardwaj in Case Crime No.1138 of 2024 under Sections 140(2), 317(3) B.N.S., P.S. Kotwali Sahar, District Bijnor, during pendency of trial. Applicant, in custody since 14.12.2024 and reportedly unnamed in the F.I.R. per counsel, was held to have made out a case for bail on consideration of record, offence-nature and complicity evidence, without opinion on merits. Release ordered on personal bond plus two sureties each in the like amount, subject to conditions barring witness intimidation/tampering, requiring trial cooperation without adjournments and forbidding further criminal activity; breach of any condition is expressly a ground for bail cancellation.

A

Neutral Citation No. - 2025:AHC:39973

Court No. - 67

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8110 of 2025

Applicant :- Shashank Alias Shashank Bhardwaj Opposite Party :- State of U.P. Counsel for Applicant :- Akash Khare Counsel for Opposite Party :- G.A.

Hon'ble Deepak Verma,J.

Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.

The instant bail application has been filed on behalf of the applicant with a prayer to release him on bail in Case Crime No.1138 of 2024, under Sections 140(2), 317 (3) B.N.S., P.S. Kotwali Sahar, District Bijnor, during pendency of the trial.

Learned counsel for the applicant submitted that the applicant is innocent and has been falsely implicated in the present case due to ulterior motive. The applicant is not named in the F.I.R. His name surfaced in the statement of co-accused Sabbiuddeen. The prosecution story is false, baseless and not supported by any evidence. The applicant has no criminal history. The applicant is languishing in jail since 14.12.2024. In case, the applicant is released on bail, he will not misuse the liberty of bail and cooperate in trial.

Learned A.G.A. has opposed the bail prayer of the applicant.

Considering the material available on record and keeping in view the nature of the offence, argument advanced on behalf of the parties, evidence on record regarding complicity of the accused and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.

Let the applicant- Shashank @ Shashank Bhardwaj , who is involved in the aforesaid case 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 subject to following conditions. Further, before issuing the release order, the

sureties be verified.

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

(ii) The applicant shall cooperate in the trial 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.

In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.

Order Date :- 19.3.2025 Meenu Singh

Digitally signed by :- MEENU SINGH High Court of Judicature at Allahabad

Issues for consideration

1 issue framed by the court

AI extract

1.
Whether the applicant Shashank @ Shashank Bhardwaj should be released on bail in Case Crime No.1138 of 2024 under Sections 140(2), 317(3) B.N.S., P.S. Kotwali Sahar, District Bijnor, during pendency of trial.¶¶7
The court held
Considering the material available on record, the nature of the offence, arguments advanced and evidence of complicity of the accused, and without expressing any opinion on the merits, the applicant has made out a case for bail; the bail application is allowed.ratio¶¶10

Statutes considered

2 provisions across 1 enactments

AI extract

B.N.S.140(2)¶¶7 317(3)¶¶7

Procedural history

How this case reached the court

AI extract

Prior proceeding
Applicant is in custody awaiting trial; he has been in jail since 14.12.2024.¶¶8
Prior proceeding
Trial pending in Case Crime No.1138 of 2024, Sections 140(2), 317(3) B.N.S., P.S. Kotwali Sahar, District Bijnor; bail sought during pendency of trial.¶¶7

Parties & counsel

AI extract

applicant
Shashank Alias Shashank Bhardwaj¶¶4
Akash Khare
respondent
State of U.P.¶¶4
G.A.

Coram

AI extract

Deepak Vermaauthor¶¶5

Case details

As recorded by the court registry

Court: Allahabad HC
Decided on: 7 Mar 2025 · March
Registered: 4 Mar 2025
Case no.: BAIL/8110/2025
CNR: UPHC010986452025
Bench: Deepak Verma
Case type: CRIMINAL MISC. BAIL APPLICATION

All orders in this case

3 orders share this CNR

7 Mar 2025Order 1 — this page · Deepak Verma
18 Mar 2025Order 2
19 Mar 2025Order 3 · Deepak Verma

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Cite this judgement

Shashank Alias Shashank Bhardwaj v. State of U.P., BAIL/8110/2025 (ALL), decided on 7 March 2025.

The Allahabad High Court publishes no neutral citation for this judgement — cite it by case number and date of decision.

Statutes2

B.N.S.140(2) · 317(3)

View all statutes

Procedural history2

Applicant is in custody awaiting trial; he has been in jail since 14.12.2024.
Trial pending in Case Crime No.1138 of 2024, Sections 140(2), 317(3) B.N.S., P.S. Kotwali Sahar, District Bijnor; bail sought during pendency of trial.

View full history

Bench / Coram

Deepak Verma

Parties & counsel