Shadab Lari @ Shadab Anwar v. State of U.P. Thru. Prin, Secy. Deptt. Home Civil Sectt. Lko

Court No. - 16 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15450 of 2023 Applicant :- Shadab Lari @ Shadab Anwar Opposite Party :- State Of U.P. Thru. Prin, Secy. Deptt. Home Civil Sectt. Lko Counsel for Applicant :- Manish Singh Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.

¶1Heard Sri Manish Singh, the learned counsel for the applicant, Sri Jayant Singh Tomar, the learned A.G.A.-I for the State and perused the records.

¶2The instant application has been filed seeking release of the applicant on bail in Case Crime No.585 of 2022, under Sections 447, 420, 467, 468, 471, 120-B I.P.C. and Section 3/4 of Prevention of Damage to Public Property Act, 1984, registered at Police Station Gangaghat, District Unnao.

¶3The aforesaid case has been registered on the basis of an F.I.R. lodged on 21.11.2022 against eight persons, including the applicant stating that the accused persons have caused damage to the public property by indulging into illegal plotting.

¶4In the affidavit filed in support of bail application it has been stated that the applicant is innocent, he has been falsely implicated in the present case and the applicant has no criminal history. The applicant has been implicated in a case under U.P. Gangster and Antisocial Activities Prevention Act, on the basis of his involvement in the present case. The co-accused Anshul Thakur has already been granted anticipatory bail by this court by means of an order dated 18.12.2023, passed in Criminal Misc. Anticipatory Bail Application No.2927 of 2023.

¶5The learned A.G.A. has opposed the prayer for bail but he could not dispute the aforesaid aspects of the matter.

¶6Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the applicant is languishing in jail since 11.12.2023 and without making any observation, which may affect the merits of the case, I am of the view that the aforesaid facts are sufficient for making out a case for enlargement of the applicant on bail in the aforesaid crime.

¶7Accordingly, this bail application stands allowed.

¶8Let the applicant-Shadab Lari @ Shadab Anwar 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 magistrate/court concerned, subject to following conditions:-

(i) the applicant shall not tamper with the prosecution evidence;

(ii) the applicant shall not pressurize the prosecution witnesses;

(iii) the applicant shall appear on each and every date fixed by the trial court. . (Subhash Vidyarthi, J.) Order Date :- 22.12.2023 Ram. High Court of Judicature at Allahabad, Lucknow Bench