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2025 DAILYLAW 103870 (ALL)

SATYAM DWIVEDI v. STATE OF U.P.

BAIL/34572/2025 · 2025-10-06

Arun Kumar Singh Deshwal

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 34572 of 2025 Court No. - 69 HON'BLE ARUN KUMAR SINGH DESHWAL, J. 1. Supplementary affidavit filed by learned counsel for the applicant in Court today, is taken on record. 2. Heard Mr. Chandra Pratap Singh, learned counsel for the applicant, Sri. D.P.S. Chauhan, learned A.G.A. for the State and Sri Amarnath, learned counsel for the informant and perused the record. 3. Instant bail application has been filed with a prayer to release the applicant on bail during the trial in Case Crime No. 112 of 2025, under Sections 109(1), 131, 191(2), 351(3), 352 of the BNS, Police Station- Bithoor, District Kanpur Nagar. 4. Contention of learned counsel for the applicant is that general allegation has been made against the applicant and other co-accused persons in the FIR as well as the statement of witnesses. He further submits that co-accused Rishu Rathaur, Raju Gupta @ Shivam Gupta and Shivam Tiwari @ Chandan Tiwari and Akash Dixit have already been enlarged on bail by a co-ordinate Bench of this Court in Criminal Misc. Bail Application No.21379 of 2025 vide order dated 23.06.2025 and Criminal Misc. Bail Application No.21656 of 2025 vide order dated 25.06.2025 respectively. Therefore, he is seeking parity of the orders aforesaid. The applicant has no criminal history and he is languishing in jail since 21.08.2025. In case, he is granted bail, he will not misuse the liberty of bail and would cooperate in the trial proceedings. 5. Per contra, learned A.G.A. for the State and learned counsel for the Versus Counsel for Applicant(s) : Anil Kumar Pathak, Chandra Pratap Singh Counsel for Opposite Party(s) : G.A. Satyam Dwivedi .....Applicant(s) State of U.P. .....Opposite Party(s) informant vehemently opposed the prayer for bail but could not dispute the aforesaid facts. 6. Thus, considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and co-accused Rishu Rathaur, Raju Gupta @ Shivam Gupta and Shivam Tiwari @ Chandan Tiwari and Akash Dixit who have already been enlarged on bail by a co- ordinate Bench of this Court in Criminal Misc. Bail Application No.21379 of 2025 vide order dated 23.06.2025 and Criminal Misc. Bail Application No.21656 of 2025 vide order dated 25.06.2025 respectively and keeping in view the nature of offence, evidence, complicity of accused and without expressing any opinion on the merits of the case, I am of the opinion that the applicant is entitled to be enlarged on bail. 7. Let the applicant- Satyam Dwivedi involved in the aforementioned crime be released on bail, on his furnishing a personal bond and two sureties each in the like amount, to the satisfaction of the court concerned, with the following conditions:- i. 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. ii. The applicant shall cooperate in the trial/investigation sincerely without seeking any adjournment. iii. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail. iv. The applicant shall attend in accordance with the conditions of the bond executed by him. 8. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 9. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted. October 7, 2025 Imtiyaz BAIL No. 34572 of 2025 2 (Arun Kumar Singh Deshwal,J.) Digitally signed by :- IMTIYAZ AHMAD High Court of Judicature at Allahabad