Allowed

Shahadat v. State of U.P. and 2 Others

Allahabad HC6 Oct 2025NABAIL/8127/2025

Case brief

AI extract

What is this about?

Anticipatory bail application in a theft-of-electricity-wire case under Section 303(2) BNS, with the applicant's name surfacing only through co-accused's confessional statements who were already granted bail. Considering the nature of accusation, role of applicant and settled principles on anticipatory bail, the court allowed the application and granted anticipatory bail.

What did the court decide?

Anticipatory bail granted: personal bond Rs. 50,000 with two sureties each in like amount, subject to standard bail conditions; liberty to prosecution to seek cancellation on default.

Shahadat Vs State of U.P. and 2 Others — Anticipatory Bail | Allahabad HC (2025)

¶1

HIGH COURT OF JUDICATURE AT ALLAHABAD

¶2

CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 8127 of 2025

¶3

Shahadat		.....Applicant(s)
	Versus
State Of U.P. And 2 Others		.....Opposite Party(s)
Counsel for Applicant(s)	:	Javed Alam, Mohd. Azam
Counsel for Opposite Party(s)	:	G.A.

¶4

Court No. - 72

¶5

HON'BLE JITENDRA KUMAR SINHA, J.

¶6

Heard Sri Mohd. Azam, learned counsel for the applicant and Sri Shivdutt Shukla, learned A.G.A. for the State and perused the record.

¶7

The present application has been moved seeking anticipatory bail in Case Crime No. 343 of 2025, under Sections 303 (2) B.N.S., Police Station Gajraula, District Amroha with the prayer that in the event of arrest, applicant may be released on bail.

¶8

It is contended by the learned counsel for the applicant that applicant is innocent and he has an apprehension that he may be arrested in the abovementioned case. It is further submitted that first information report has been lodged against unknown persons. It is next submitted that applicant was not named in the first information report, during the investigation the name of the applicant has surfaced on the confessional statement of coaccused Arbaj and Fariyad, who have already been granted bail by the learned Trial Court. It is also submitted that the applicant is also involved in a case subsequent to the present case, in which he has already been granted bail. Learned counsel for the applicant submitted that the name of the applicant surfaced during the investigation. He further submits that no offence is made out against the applicant as first information report. It was also submitted that applicant undertakes to co-operate during trial and he would appear as and when required by the investigating agency or Court. It has been stated that in case, applicant is granted anticipatory bail, he shall not misuse the liberty of bail and will co-operate with the

¶9

NABAIL No. 8127 of 2025

¶10

¶11

investigation and would obey all conditions of bail.

¶12

On the other hand, learned A.G.A. submitted that two co-accused persons namely Arbaj and Fariyad were arrested and in their statements, the name of the applicant has surfaced. It is further submitted that in the statement of co-accused, it has emerged that stolen articles were sold and all the accused persons have received the amount in equal proportion after selling the stolen articles.

¶13

As per first information report, theft of electricity wire was reported against the unknown persons. During the investigation two accused persons namely Arbaj and Fariyad were arrested and the name of the applicant has surfaced on their confessional statement.

¶14

The above two named accused persons have already been granted bail by the learned Trial Court. The applicant is said to be involved in one case subsequent to the present case.

¶15

It may be stated that in case of Siddharam Satlingappa Mhetre v. State of Maharashtra, (2011) 1 SCC 694, it has been held by Hon'ble Supreme Court that while deciding anticipatory bail, the Court must consider nature and gravity of accusation, antecedents of the accused, possibility of accused to flee from justice and that Court must also evaluate the entire available material against the accused carefully and the exact role of the accused has also to be taken into consideration.

¶16

In the instant case, considering the settled principle of law regarding anticipatory bail, submissions of learned counsel for the parties, nature of accusation, role of applicant and all attending facts and circumstances of the case, without expressing any opinion on merits, a case for anticipatory bail is made out.

¶17

The anticipatory bail application is allowed .

¶18

In the event of arrest of the applicant- Shahadat involved in the aforesaid case crime, he shall be released on anticipatory bail on his furnishing a personal bond of Rs. 50,000/- with two sureties each in the like amount to the satisfaction of the Court concerned, with the following conditions :-

¶19

NABAIL No. 8127 of 2025

¶20

¶21

(i) The applicant shall not tamper with evidence and that he would appear before the trial Court on the date fixed unless exempted by the Court concerned;

¶22

(ii) 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/her/them from disclosing such facts to the Court or to any police officer;

¶23

(iii) The applicant would cooperate during trial and would not misuse the liberty of bail.

¶24

(iv) The applicant shall not leave India without prior permission of the Court concerned.

¶25

In default of any of the conditions, the prosecution shall be at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicant herein.

¶26

(Jitendra Kumar Sinha,J.)

¶27

October 7, 2025 Neetu

¶28

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

Shahadat v. State of U.P. and 2 Others

Case brief

What is this about?

What did the court decide?

Shahadat v. State of U.P. and 2 Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Statutes considered

Parties & counsel

Coram

Case details

All orders in this case

Similar cases