Shamim Shekh @ Taj and Anr. vs State of U.P. through Principal Secretary Home, Civil Secretariat Lucknow — Allahabad HC (2025) — LawSathi Research

Shamim Shekh @ Taj and Anr. vs State of U.P. through Principal Secretary Home, Civil Secretariat Lucknow — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Bail granted to appellants/applicants Shamim Shekh @ Taj and Jaleel pending hearing of the appeal, on their executing personal bonds and two sureties, each in the like amount, to the satisfaction of the court concerned; lower court directed to transmit photostat copies of accepted bonds to this Court for record.

Issue for consideration

Whether the appellants/applicants Shamim Shekh @ Taj and Jaleel, convicted and sentenced in Sessions Trial No. 04 of 2016 (Case Crime No. 659 of 2015, PS Kotwali Nagar, District Gonda), should be released on bail pending hearing of Criminal Appeal No. 2296 of 2024.

Court's answer

Considering the overall argument that no doctor was examined and no injury was received by any one, that applicant no.1 has a criminal history of one case, that the appellants are in jail since 04.07.2024, and the unlikelihood of early hearing and conclusion of the appeal, this Court held it is a fit case for bail and allowed the bail application.

Ratio / Principle

The appellants/applicants, namely Shamim Shekh @ Taj and Jaleel, convicted and sentenced in Sessions Trial No. 04 of 2016 arising out of Case Crime No. 659 of 2015, Police Station Kotwali Nagar, District Gonda, are to be released on bail on their executing personal bonds and two sureties, each in the like amount, to the satisfaction of the court concerned.

Key takeaways

On acceptance of the bail bond and personal bond, the lower court concerned shall transmit the photostat copies thereof to this Court for being kept on the record.ratio¶19
The party shall file a computer generated copy of the order downloaded from the official website of High Court, Allahabad or a certified copy issued from the Registry, and the concerned Court/Authority/Official shall verify its authenticity from the official website and make a declaration of such verification in writing.ratio¶20

Detailed headnote1 paragraphs

Criminal Appeal (bail during pendency of appeal) - Court No. 14, High Court of Judicature at Allahabad, Lucknow Bench (Shree Prakash Singh, J.). Appellants Shamim Shekh @ Taj and Jaleel, convicted and sentenced on 04.07.2024 by the Addl. Sessions Judge/Court No. 4/Special Judge (E.C. Act), Gonda, in Sessions Trial No. 04 of 2016 arising out of Case Crime No. 659 of 2015, Police Station Kotwali Nagar, District Gonda, under Sections 307/149, 147, 148, 504, 505, 506, 332/149, 353/149, 296 and 188 I.P.C. and Section 7 of Criminal Law Amendment Act, sought bail in Criminal Appeal No. 2296 of 2024. Counsel argued no doctor was examined by the trial court, no injury was suffered by anyone (investigating officer admitted recording no doctor's statement), and counsel for the appellants pointed to infirmities giving reasonable prospect of the appeal succeeding; the Additional Government Advocate opposed bail but could not dispute that no doctor was examined or injury received. Weighing these factors together with applicant no.1's criminal history of one case, the appellants' detention in jail since 04.07.2024 (besides about six months during the trial), and the unlikelihood of early hearing and conclusion of the appeal, the Court found it a fit case for bail and allowed the application, releasing the appellants on personal bonds with two sureties each in the like amount to the satisfaction of the court concerned, and directing the lower court to transmit photostat copies of the accepted bonds to the High Court for record.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

CRIMINAL APPEAL No. - 2296 of 2024

Shamim Shekh @ Taj And Anr.

.....Appellant(s)

Versus State Of U.P. Through Principal Secretary Home, Civil Secretariat Lucknow .....Respondent(s) Counsel for Appellant(s) : Angrej Nath Shukla, Lal Bahadur Khan Counsel for Respondent(s) : G.A.

Court No. - 14

HON'BLE SHREE PRAKASH SINGH, J.

Order on Bail Application:

Heard Sri Angraj Nath Shukla, learned counsel for the applicants/appellants as well as the learned A.G.A. for the State.

The appellants/applicants, Shamim Shekh @ Taj and Jaleel, seek bail in this appeal, which has been preferred against the judgment and order dated 04.07.2024 passed by the Court of the learned Addl. Sessions Judge, Court No. 4/Special Judge (E.C. Act), Gonda, in Sessions Trial No. 04 of 2016, arising out of Case Crime No. 659 of 2015, Police Station Kotwali Nagar, District Gonda, convicting and sentencing the appellant under Sections 307/149,147, 148, 504, 505, 506, 332/149, 353/149, 296, 188, I.P.C. and Section 7 of Criminal Law Amendment Act.

It has been submitted by learned counsel for the applicants/appellants that it is a case of no injury, which is evident; after looking into statement of the investigating officer, who has admitted that no statement of the doctor was recorded by him. He has also submitted that trial court has not examined any doctor, but the appellants have been convicted under section 307 IPC for 10 years of imprisonment. He has further submitted that no one has

CRLA No. 2296 of 2024

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seen the appellants on the spot when the altercation took place. He has also submitted that the appellants are in jail since 04.07.2024, and they were also in jail for about six months during the trial.

Counsel has attempted to point out several other inherent infirmities in the evidence and also the elements of improbability contained therein and it has been argued that with such infirmities on record there is a reasonable prospect of this appeal being allowed after final hearing takes place.

Learned Additional Government Advocate has opposed the bail, but he could not dispute the fact that no doctor was examined or that any injury was received by any one.

Considering the overall argument that no doctor was examined or that any injury was received by any one; applicant no.1 has criminal history of one case and they are in jail since 04.07.2024; the unlikelihood of early hearing and conclusion of appeal, this Court is of the view that it is a fit case for bail. The bail-application is accordingly allowed.

Let the appellants/applicants, namely, Shamim Shekh @ Taj and Jaleel , convicted and sentenced in Sessions Trial No. 04 of 2016, arising out of Case Crime No. 659 of 2015, Police Station Kotwali Nagar, District Gonda, under Sections 307/149,147, 148, 504, 505, 506, 332/149, 353/149, 296, 188, I.P.C. and Section 7 of Criminal Law Amendment Act, be released on bail on their executing personal bonds and two sureties, each in the like amount, to the satisfaction of the court concerned.

On acceptance of bail bond and personal bond, the lower court concerned shall transmit the photostat copies thereof to this Court for being kept on the record.

The party shall file computer generated copy of such order downloaded from the official website of High Court, Allahabad or certified copy issued from the Registry of the High Court, Allahabad.

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The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court, Allahabad and shall make a declaration of such verification in writing.

August 25, 2025 Haseen U.

(Shree Prakash Singh,J.)

Digitally signed by :- HASEENUDDIN High Court of Judicature at Allahabad, Lucknow Bench