Shahzade v. State of U.P. Thru. Prin. Secy. Home Lko.

Allahabad HC12 Mar 2025CRLA/2629/2024

Case brief

AI extract

What is this about?

Bail granted pending appeal under Section 430 BNSS; conviction under Sections 452, 307/34 IPC; discrepancy in knife recovery evidence; Arms Act acquittal not appreciated; personal bond Rs. 25,000 with two sureties; conditions imposed.

What did the court decide?

Appellant released on bail on furnishing personal bond of Rs. 25,000/- with two sureties in the like amount, subject to conditions: (i) fine to be deposited within three months of release, (ii) cooperate in appeal disposal without unnecessary adjournments, (iii) not indulge in any criminal activity; breach of conditions grounds for cancellation of bail ¶¶16-¶21

Shahzade vs State of U.P. Thru. Prin. Secy. Home Lko. — Allahabad HC (2025) — LawSathi Research

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Court No. - 9

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Case :- CRIMINAL APPEAL No. - 2629 of 2024

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Appellant :- Shahzade Respondent :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Appellant :- Amar Singh,Brij Mohan Sahai Counsel for Respondent :- G.A.

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Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Rajeev Singh,J.

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(Order on Appeal)

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List this matter in the second week of May, 2025.

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In the meantime, paper book be prepared.

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(Order on C.M.A./01/2024)

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Heard learned counsel for the appellant and learned A.G.A. for the State.

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The instant bail application u/s 430 B.N.S.S. has been filed by the appellant with a prayer to enlarge him on bail in S.T. No. 60 of 2014 arising out of Case Crime No. 572 of 2013, u/s 452, 307/34 I.P.C., Police Station- Kotwali Nagar, DistrictBalrampur.

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Learned counsel for the appellant submits that the appellant has falsely been implicated in the present case. He further submits that it is categorically mentioned in the judgment passed by learned trial Court specifically in the deposition of P.W.-2 (victim) that the alleged knife, which was used in the said incident by the accused, was left at the place of the incident, but the Investigating Officer has shown recovery of that knife from the house of the appellant later on. He next submits that on the basis of the evidence, the appellant was acquitted for the offense under the provisions of Arms Act, but this fact was not appreciated properly by learned trial Court and the appellant was convicted. He also submits that the appeal is already admitted and there is no possibility of conclusion of the appeal in near future. He lastly submits that the appellant was on bail during the course of trial, hence, he may be enlarged on bail.

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Learned A.G.A. vehemently opposes the prayer for bail. However, he does not dispute the fact that in the deposition of P.W.-2, it is mentioned that the alleged knife, which was used in

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the crime, was left at the place of the incident.

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Considering the submissions of learned counsel for the parties and going through the contents of the impugned judgment as well as the trial Court record, this Court is of the view that the appellant is entitled for bail.

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Hence, prima facie, case for bail is made out, at this stage.

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Accordingly, the application for bail is allowed .

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Let the appellant- Shahzade involved in aforesaid case be released on bail on furnishing a personal bond of Rs. 25,000/- with two sureties in the like amount subject to following conditions:-

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(i) The fine be deposited within three months of his release.

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(ii) The appellant shall cooperate in the disposal of appeal without seeking unnecessary adjournment.

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

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

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As soon as personal bonds and sureties are furnished, photocopies of the same are directed to be transmitted to this Court forthwith by the trial court concerned to be kept on record of this appeal.

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Order Date :- 12.3.2025 Arpan

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

Shahzade v. State of U.P. Thru. Prin. Secy. Home Lko.

Case brief

What is this about?

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Shahzade v. State of U.P. Thru. Prin. Secy. Home Lko.

Case brief

What is this about?

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What the court decided

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