Shubham v. State of UP) granting bail to Shubham, which is taken on record

2. Learned counsel appearing on behalf of the applicant/petitioner submitted that the applicant is owner of the vehicle bearing registration no. UP-42-CT-9803. As per prosecution story, on 09.11.2024, an FIR was registered at 4:30 PM with regard to the incident dated 09.11.2024 occurred at 03:30 AM. It is alleged in the FIR that on 8.11.2024, Naib Tehsildar, Pilani brought 03 Truck-Dumpher i.e.(i) UP-78 PN 0861 (ii) UP-78 DN-2652 and (iii) UP-42-T-6 and lodged at police station. On 9.11.2024 at 4:00 AM, Homeguard Jwala Prasad, Chandra Pal and PRD Rajesh Chaurasiya came at the police station and informed that the trucks were loaded with sand, and out of 3 Trucks, one Truck's driver tried to flee away and when they tried to chase and stop them, he tried to crush them. They saved their lives and came to inform about the incident at the police station. On the said information, the FIR was lodged.

3. Learned counsel for the petitioner further submitted that the applicant was not on the spot and he was not aware about any incident which has been taken place, as alleged in the FIR. It is also submitted that he was also not aware that the co-accused Shubham, who is his driver, has committed any offence as alleged.

4. It is next submitted that the applicant has already been enlarged on bail by the Sessions Judge, Banda vide order dated 5.12.2024 in Case Crime No. 138 of 2024, under Section 303(2), 109 BNS and Section 4/21 Mines Minerals Act.

5. There are allegations of illegal mining of sand in which he was charged for illegal mining. The said order passed by the Sessions Judge, Banda is appended as Annexure-SA-1 alongwith the Supplementary Affidavit. It is also apprised to the Court that the main accused Shubham, driver, has already been enlarged on bail vide order dated 20.3.2025 by the coordinate bench of this Court. It is further submitted that the case of the applicant/petitioner is on the better footing of the co-accused Shubham, who was allegedly directly involved in the said commission of crime as stated in the FIR.

6. It is further submitted that there are criminal history of two cases against the applicant which has already been explained in para-3 of the Supplementary Affidavit dated 12.3.2025 filed by the applicant and in both cases he has been enlarged on bail. The bail order of the said case crime no. 39 of 2023 under Section 419, 420 IPC, police station - Chilla, District - Banda and Case Crime No. 91 of 2021, under Section 379, 411, 120-B IPC, police station - Chilla, District - Banda have been appended as Annexure-SA-2 and SA-3 respectively.

7. It is also submitted that in view of the facts and circumstances of the case, it is prayed on behalf of the applicant that the applicant may be released on bail in the aforesaid crime. It is further undertaken that applicant shall abide by all terms and conditions as imposed by the Court.

8. Per contra, learned counsel appearing on behalf of the State has vehemently opposed the instant bail application and on instructions submitted that there are previous criminal history of the same nature and he is an habitual offender. It is further submitted there are no force in the argument advanced by the counsel for the applicant that the case of the applicant is on similar footing of the case of Shubham, the co-accused (driver), as the co- accused has no criminal history, therefore, the applicant is not entitled for any linency by this Court. There is no merit in the application for granting bail as prayed by the applicant.

9. Heard learned counsel for the applicant, learned AGA for the State and perused the record.

10. I have gone through the contents made in the application as well as the documents appended with the application and perused the supplementary affidavit. The counsel has placed the order dated 20.3.2025 passed by the co-ordinate bench of this Court in Criminal Misc. Bail Application No. 47523 of 2024 (Shubham Vs. State of UP) granting bail to Shubham, which is taken on record.

11. It is admitted fact that the applicant/petitioner was not on the spot when the incident has taken place. Though he was owner of the vehicle, but he was not driving the said vehicle at the time of the incident. The main allegation is against the driver who tried to crush the police personnel who were trying to stop the vehicle and the criminal history of the applicant in two cases have also been explained in the supplementary affidavit in which he has been enlarged on bail.

12. Taking into consideration all entirety of the matter as discussed above, I am included in grant bail to the applicant. The bail application is allowed.

13. Let the applicant - Shailesh Kumar, who is involved in the aforementioned case crime be released on bail on his furnishing a personal bond of Rs. One Lakh and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified. (i). The applicant shall not tamper with the evidence. (ii) The applicant shall remain present, in person, before the trial court on dates fixed for (1) opening of the case, (2) framing of charge and (3) recording of statement under Section 313 Cr.P.C./351 BNSS. If in the opinion of the Trial Court absence of the applicant is deliberate of without sufficient cause, then it shall be open for the Trial Court to treat such default as abuse of liberty of bail and proceed against him in accordance with law.

14. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Order Date :- 9.4.2025 S.K.S. (Chandra Dhari Singh,J.) SUNIL KUMAR SINGH High Court of Judicature at Allahabad

2. Learned counsel appearing on behalf of the applicant/petitioner submitted that the applicant is owner of the vehicle bearing registration no. UP-42-CT-9803. As per prosecution story, on 09.11.2024, an FIR was registered at 4:30 PM with regard to the incident dated 09.11.2024 occurred at 03:30 AM. It is alleged in the FIR that on 8.11.2024, Naib Tehsildar, Pilani brought 03 Truck-Dumpher i.e.(i) UP-78 PN 0861 (ii) UP-78 DN-2652 and (iii) UP-42-T-6 and lodged at police station. On 9.11.2024 at 4:00 AM, Homeguard Jwala Prasad, Chandra Pal and PRD Rajesh Chaurasiya came at the police station and informed that the trucks were loaded with sand, and out of 3 Trucks, one Truck's driver tried to flee away and when they tried to chase and stop them, he tried to crush them. They saved their lives and came to inform about the incident at the police station. On the said information, the FIR was lodged.

3. Learned counsel for the petitioner further submitted that the applicant was not on the spot and he was not aware about any incident which has been taken place, as alleged in the FIR. It is also submitted that he was also not aware that the co-accused Shubham, who is his driver, has committed any offence as alleged.

4. It is next submitted that the applicant has already been enlarged on bail by the Sessions Judge, Banda vide order dated 5.12.2024 in Case Crime No. 138 of 2024, under Section 303(2), 109 BNS and Section 4/21 Mines Minerals Act.

5. There are allegations of illegal mining of sand in which he was charged for illegal mining. The said order passed by the Sessions Judge, Banda is appended as Annexure-SA-1 alongwith the Supplementary Affidavit. It is also apprised to the Court that the main accused Shubham, driver, has already been enlarged on bail vide order dated 20.3.2025 by the coordinate bench of this Court. It is further submitted that the case of the applicant/petitioner is on the better footing of the co-accused Shubham, who was allegedly directly involved in the said commission of crime as stated in the FIR.

6. It is further submitted that there are criminal history of two cases against the applicant which has already been explained in para-3 of the Supplementary Affidavit dated 12.3.2025 filed by the applicant and in both cases he has been enlarged on bail. The bail order of the said case crime no. 39 of 2023 under Section 419, 420 IPC, police station - Chilla, District - Banda and Case Crime No. 91 of 2021, under Section 379, 411, 120-B IPC, police station - Chilla, District - Banda have been appended as Annexure-SA-2 and SA-3 respectively.

7. It is also submitted that in view of the facts and circumstances of the case, it is prayed on behalf of the applicant that the applicant may be released on bail in the aforesaid crime. It is further undertaken that applicant shall abide by all terms and conditions as imposed by the Court.

8. Per contra, learned counsel appearing on behalf of the State has vehemently opposed the instant bail application and on instructions submitted that there are previous criminal history of the same nature and he is an habitual offender. It is further submitted there are no force in the argument advanced by the counsel for the applicant that the case of the applicant is on similar footing of the case of Shubham, the co-accused (driver), as the co- accused has no criminal history, therefore, the applicant is not entitled for any linency by this Court. There is no merit in the application for granting bail as prayed by the applicant.

9. Heard learned counsel for the applicant, learned AGA for the State and perused the record.

10. I have gone through the contents made in the application as well as the documents appended with the application and perused the supplementary affidavit. The counsel has placed the order dated 20.3.2025 passed by the co-ordinate bench of this Court in Criminal Misc. Bail Application No. 47523 of 2024 (Shubham Vs. State of UP) granting bail to Shubham, which is taken on record.

11. It is admitted fact that the applicant/petitioner was not on the spot when the incident has taken place. Though he was owner of the vehicle, but he was not driving the said vehicle at the time of the incident. The main allegation is against the driver who tried to crush the police personnel who were trying to stop the vehicle and the criminal history of the applicant in two cases have also been explained in the supplementary affidavit in which he has been enlarged on bail.

12. Taking into consideration all entirety of the matter as discussed above, I am included in grant bail to the applicant. The bail application is allowed.

13. Let the applicant - Shailesh Kumar, who is involved in the aforementioned case crime be released on bail on his furnishing a personal bond of Rs. One Lakh and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified. (i). The applicant shall not tamper with the evidence. (ii) The applicant shall remain present, in person, before the trial court on dates fixed for (1) opening of the case, (2) framing of charge and (3) recording of statement under Section 313 Cr.P.C./351 BNSS. If in the opinion of the Trial Court absence of the applicant is deliberate of without sufficient cause, then it shall be open for the Trial Court to treat such default as abuse of liberty of bail and proceed against him in accordance with law.

14. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Order Date :- 9.4.2025 S.K.S. (Chandra Dhari Singh,J.) SUNIL KUMAR SINGH High Court of Judicature at Allahabad