BAIL/7791/2026 of SHAHID @ SAHIL Vs STATE OF U.P.

HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 7791 of 2026 Court No. - 68 HON'BLE ASHUTOSH SRIVASTAVA, J. Heard Mohammad Belal, learned counsel for the applicant, learned AGA for the State-respondents and perused the record. This bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been moved on behalf of accused-applicant, Shahid @ Sahil, seeking enlargement on bail in Case Crime No. 615 of 2025, under Sections 317(2) & 305 of the Bharatiya Nyaya Sanhita, 2023,  Police Station Hapur Nagar, District Hapur during the pendency of the trial before the Court below. Learned counsel for the applicant submitted that the accused-applicant is innocent and has been falsely implicated in the present case crime number. It is contended that initially the F.I.R. was registered only under Section 305 of the B.N.S., and during the course of investigation, Section 317(2) B.N.S. was subsequently added. He further submitted that the F.I.R. dated 05.10.2025 was lodged against unknown persons, whereas the alleged incident is stated to have occurred on 27.09.2025, and no plausible explanation has been furnished for the delay in lodging the F.I.R. It is further argued that the name of the applicant surfaced only on the basis of information allegedly received by the informant. After completion of investigation, charge-sheet was submitted against the applicant on 07.12.2025, whereupon cognizance was taken on 02.01.2026. It is submitted that no further custodial interrogation of the Versus Counsel for Applicant(s) : Mohammad Belal Counsel for Opposite Party(s) : G.A. Shahid @ Sahil .....Applicant(s) State of U.P. .....Opposite Party(s) applicant is required. The applicant is in jail since 05.12.2025. Learned counsel further submitted that the criminal antecedents of 24 cases sufficiently explained in para no. 2 of the supplementary affidavit, applicant is on bail in most of the cases and there is no likelihood of his fleeing from the course of justice or tampering with the prosecution evidence in case he is released on bail. Hence, prayer for bail has been made. Learned AGA has vehemently opposed the prayer for bail. Considering all above facts and circumstances, the nature of accusations, severity of the punishment in the case of conviction and nature of supporting evidence, reasonable apprehension of tampering with the witness and prima facie, but without commenting on merit of case, a case for bail is made out. Accordingly, the bail application is allowed. Let the accused-applicant, Shahid @ Sahil, involved in above mentioned case crime number be released on bail, on his executing a personal bond and two reliable sureties each, in the like amount to the satisfaction of the court concerned, subject to the following conditions: 1. The applicant will not tamper with the evidence. 2. The applicant will not indulge in any criminal activity. 3. The applicant will not pressurize/intimidate the prosecution witnesses and co- operate in the trial. 4. The applicant will appear regularly on each and every date fixed by the trial court, unless his personal appearance is exempted through counsel by the court concerned. In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail. May 7, 2026 Vibha Singh BAIL No. 7791 of 2026 2 (Ashutosh Srivastava,J.) Digitally signed by :- VIBHA SINGH High Court of Judicature at Allahabad