AKARAM SHAHversusSTATE OF U.P.

         HIGH COURT OF JUDICATURE AT ALLAHABAD
         CRIMINAL MISC. BAIL APPLICATION No. - 35150 of 2026

Akaram Shah
                                                             .....Applicant(s)
                                   Versus

State of U.P.
                                                                 .....Opposite
                                                                       Party(s)

Counsel for Applicant(s)      : Ankit Kumar Dubey, Ashutosh Kumar
                                Shukla
Counsel for Opposite Party(s) : G.A.

Court No. - 70
                 HON'BLE JAI PRAKASH TIWARI, J.

Heard learned counsel for the applicant and learned AGA for the State
and perused the record of the case.

The instant application has been filed seeking release of the applicant on
bail in Case Crime No. 248 of 2026, under Sections 61(2), 318(4), 319(2),
338, 336(3), 351(3), 352 BNS, Police Station Gorakhnath, District
Gorakhpur, during pendency of the trial in the court concerned.

Learned counsel for the applicant submits that the applicant is innocent
and has been falsely implicated in the present case due to ulterior motives.
It is further submitted that the applicant has no concern with the
allegations levelled against him and has not committed any offence as
alleged by the prosecution. The applicant is neither a beneficiary of the
alleged transaction nor has any amount been transferred to his bank
account. It is further submitted that, as per the FIR, a total amount of Rs
8,00,000/- along with interest was transferred to the account of co-
accused Ashtbhuja Giri, and no amount was transferred to the account of
the present applicant. It is also submitted that, except for the present case,
the applicant has no criminal history. The applicant has been languishing
in jail since 14.08.2026. It is also submitted that the applicant undertakes
that he will not misuse the liberty, if granted. It has also been pointed out
that in the wake of heavy pendency of cases in the Court, there is no
likelihood of any early conclusion of trial.
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The prayer for bail has been vehemently opposed by learned A.G.A.

Considering the facts and circumstances of the case, perusing the record,
evidence and also considering the nature of allegations, arguments
advanced by the learned counsel for the parties, this Court is of the view
that the applicant is entitled to be enlarged on bail during the pendency of
the trial.

Accordingly, without expressing any opinion on the merits of the case,
the instant bail application is allowed.

Let applicant, Akaram Shah be released on bail in the aforesaid case on
his executing a personal bond and furnishing two sureties each in the like
amount to the satisfaction of the court concerned subject to the following
conditions:-

(i). The applicant will not tamper with the evidence during the trial.

(ii). The applicant will not pressurize/ intimidate the prosecution witness.

(iii). The applicant will appear before the trial court on the date fixed,
unless personal presence is exempted.

(iv). The applicant shall not commit an offence similar to the offence of
which he is accused, or suspected, of the commission of which he is
suspected.

(v). 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 from disclosing such facts to the Court or to any police
officer or tamper with the evidence.

It is further directed that the identity, status and residence proof of the
sureties be verified by the authorities concerned before they are accepted.

In case of breach of any of the above conditions, the trial court will be at
liberty to cancel the bail.

It is clarified that the observations made herein are limited to the facts
brought in by the parties pertaining to the disposal of bail application and
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                                    the said observations shall have no bearing on the merits of the case
                                    during trial.



                                                                                  (Jai Prakash Tiwari,J.)
                                    October 1, 2026
                                    Brijesh




Digitally signed by :-
BRIJESH KUMAR
High Court of Judicature at Allahabad