# Shubham Mishra v. State of U.P. Opp. Party - **Citation:** (2021) 1 ILRA 940 - **Court:** High Court of Judicature at Allahabad - **Decided:** 2020-12-18 - **Case number:** Crl. Misc. Ist Bail Appl. No. 46384 of 2020 - **Bench:** Shamim Ahmed - **Source:** https://unisonlegal.in/judgment/allahabad-high-court/shubham-mishra-v-state-of-u-p-opp-party-46140 - **Pages:** 3 ## Headnote A. Criminal Law - The Arms Act,1959Section 4/25 - Application-grant of bailaccused falsely implicated-no criminal antecedent- recovered material planted by 1 All. Shubham Mishra Vs. State of U.P. 941 the police-Police made false recovery in order to save real accused.(Para 2 to 6) The bail application is allowed. (E-5) List of Cases cited: Dataram Singh Vs St. of U.P. & anr.(2018) 3 SCC 222 ## Text 940 INDIAN LAW REPORTS ALLAHABAD SERIES 6. After perusing the record in the light of the submissions made at the bar and after taking an overall view of all the facts and circumstances of this case, the nature of evidence, the period of detention already undergone, the unlikelihood of early conclusion of trial and also the absence of any convincing material to indicate the possibility of tampering with the evidence and the law laid down by the Hon'ble Apex Court in the case of Dataram Singh vs. State of UP and another, (2018) 3 SCC 22, this Court is of the view that the applicant may be enlarged on bail. 7. The prayer for bail is granted. The application is allowed. 8. Let the applicant Kiran Kumar involved in Case Crime No.254/2019, under Section 3/7 Essential Commodities Act, P.S. Dataganj, District Budaun. be released on bail on executing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned on the following conditions :- (1) The applicant will not make any attempt to tamper with the prosecution evidence in any manner whatsoever. (2) The applicant will personally appear on each and every date fixed in the court below and his personal presence shall not be exempted unless the court itself deems it fit to do so in the interest of justice. (3) The applicant shall cooperate in the trial sincerely without seeking any adjournment. (4) The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail. (5)The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad or certified copy issued from the Registry of the High Court, Allahabad. (6) The concerned Court /Authority /Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing. 9. It may be observed that in the event of any breach of the aforesaid conditions, the court below shall be at liberty to proceed for the cancellation of applicant's bail. 10. It is clarified that the observations, if any, made in this order are strictly confined to the disposal of the bail application and must not be construed to have any reflection on the ultimate merits of the case. ---------- (2021)01ILR A940 APPELLATE JURISDICTION CRIMINAL SIDE DATED: ALLAHABAD 18.12.2020 BEFORE THE HON'BLE SHAMIM AHMED, J. Crl. Misc. Ist Bail Appl. No. 46384 of 2020 Shubham Mishra ...Applicant Versus State of U.P. ...Opp. Party Counsel for the Applicant: Sri Anil Kumar Pathak, Sri Chandra Pratap Singh Counsel for the Opp. Party: A.G.A. A. Criminal Law - The Arms Act,1959Section 4/25 - Application-grant of bailaccused falsely implicated-no criminal antecedent- recovered material planted by 1 All. Shubham Mishra Vs. State of U.P. 941 the police-Police made false recovery in order to save real accused.(Para 2 to 6) The bail application is allowed. (E-5) List of Cases cited: Dataram Singh Vs St. of U.P. & anr.(2018) 3 SCC 222 (Delivered by Hon'ble Shamim Ahmed, J.) 1. Heard learned counsel for the applicant, learned A.G.A. appearing for the State and perused the record. 2. Applicant has moved the present bail application seeking bail in Case Crime No.205 of 2020, under Section 4/25 of Arms Act, P.S. Khataund, District Jalaun. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in the present case due to ulterior motive. Learned learned counsel for the applicant further summits that the recovered material has been planted by the police which would have been recovered from other accused and had been shown to have been recovered from the applicant in order to save the real accused for the reason known to them. He submits that the applicant is not connected with offence alleged and in the alleged place of occurrence no raid or recovery was made and the police has falsely implicated the applicant showing false raid and recovery. The applicant is innocent and law abiding person and is not involved in the case and the police has falsely implicated him in this case. He submits that no such incident had ever happened. 4. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed forth before the Court. The circumstances which, according to the counsel, led to the false implication of the accused have also been touched upon at length. It has been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required and is also ready to accept all the conditions which the Court may deem fit to impose upon him. It has also been pointed out that the accused is not having any criminal history and he is in jail since 3.9.2020 and that in the wake of heavy pendency of cases in the Court, there is no likelihood of any early conclusion of trial. 5. Learned A.G.A. opposed the prayer for bail. 6. After perusing the record in the light of the submissions made at the bar and after taking an overall view of all the facts and circumstances of this case, the nature of evidence, the period of detention already undergone, the unlikelihood of early conclusion of trial and also the absence of any convincing material to indicate the possibility of tampering with the evidence and the law laid down by the Hon'ble Apex Court in the case of Dataram Singh vs. State of UP and another, (2018) 3 SCC 22, this Court is of the view that the applicant may be enlarged on bail. 7. The prayer for bail is granted. The application is allowed. 8. Let the applicant Shubham Mishra involved in Case Crime No.205 of 2020, under Section 4/25 of Arms Act, P.S. Khataund, District Jalaun be released on bail on executing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned on the following conditions :- 942 INDIAN LAW REPORTS ALLAHABAD SERIES (1) The applicant will not make any attempt to tamper with the prosecution evidence in any manner whatsoever. (2) The applicant will personally appear on each and every date fixed in the court below and his personal presence shall not be exempted unless the court itself deems it fit to do so in the interest of justice. (3) The applicant shall cooperate in the trial sincerely without seeking any adjournment. (4) The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail. (5)The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad or certified copy issued from the Registry of the High Court, Allahabad. (6) The concerned Court /Authority /Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing. 9. It may be observed that in the event of any breach of the aforesaid conditions, the court below shall be at liberty to proceed for the cancellation of applicant's bail. 10. It is clarified that the observations, if any, made in this order are strictly confined to the disposal of the bail application and must not be construed to have any reflection on the ultimate merits of the case. ---------- (2021)01ILR A942 APPELLATE JURISDICTION CRIMINAL SIDE DATED: ALLAHABAD 18.12.2020 BEFORE THE HON'BLE SHAMIM AHMED, J. Crl. Misc. Bail Appl. No. 48461 of 2020 Abhijeet Yadav ...Applicant Versus State of U.P. ...Opp. Party Counsel for the Applicant: Sri Vivek Singh Shrinet Counsel for the Opp. Party: A.G.A. A. Criminal Law - U.P. Gangster and AntiSocial(Prevention) Activities,Act,1986Section 3(1)-application-grant of bailapplicant having been released on bail in all criminal cases which have been shown to be the basis of imposing provision of the Act-provision of the Act have been illused by the police in ordr to perpetuate the detention of the applicant in jail anyhow-Hence, the prayer for bail granted. (Para 2 to 6) The bail application is allowed. (E-5) List of Cases cited: Dataram Singh Vs St. of U.P. & anr.(2018) 3 SCC 22 (Delivered by Hon'ble Shamim Ahmed, J.) 1. Heard learned counsel for the applicant as well as learned A.G.A. appearing for the State and perused the record. 2. This application has been filed seeking the release of the applicant on bail in Case Crime No. 609 of 2020, under Section 3(1) of the U.P. Gangster and Anti Social (Prevention) Activities Act, 1986, Police Station Jhangaha District Gorakhpur. 3. The chief plank of the submissions made on behalf of accused is that in all cases which have been made the basis to