Neutral Citation No. - 2025:AHC:30608 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 42656 of 2024 Applicant :- Shivkumar Mishra Alias Shishu Opposite Party :- State of U.P. Counsel for Applicant :- Swati Agrawal Srivastava Counsel for Opposite Party :- G.A.,Niraj Kumar Dwivedi Hon'ble Ashutosh Srivastava,J. Heard Ms. Swati Agrawal Srivastava, learned counsel for the applicant, Sri Puroshattam Maurya, learned AGA for the State- respondents as also Sri Niraj Kumar Dwivedi, learned counsel for the first informant and perused the records. This bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been moved at the instance of accused- applicant, Shivkumar Mishra Alias Shishu, has been filed seeking enlargement on bail in Case Crime No. 558 of 2024, under Sections 308(5), 352, 351(2) of the Bharatiya Nyaya Sanhita, 2023 & Section 3(1)da, 3(1)dha, 3(2)5 of SC/ST Act, Police Station- Naini, District- Prayagraj. The bail application of the applicant was rejected by the learned trial court vide order dated 22.10.2024 and the applicant is languishing in jail since 25.09.2024. It is contended by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this very case for ulterior motive. The FIR giving rise to the case crime number aforementioned was lodged after a delay of 8 days without there being any plausible explanation to the same. The applicant has never demanded extortion money from the informant nor committed any offence as alleged. The applicant has not used any caste abusive language against the informant. It is also submitted that against the informant and his family members an FIR dated 23.09.2016 giving rise to Case Crime No. 538 of 2016 under Sections 147, 452, 323, 504, 506, 307, 308, 427, 354 IPC, Police Station- Karchhana, Prayagraj has been lodged by one Parvati Devi w/o Umashankar Chamar. Another FIR dated 15.06.2021 giving rise to case crime no. 448 of 2021 under Section 420, 467, 468, 471, 506 IPC, P.S.-Naini, Prayagraj has been lodged by one Yogendra Ram. The Informant is an Advocate belonging to SC/ST category and is also a muscle man and often threatens others and utilises his caste to his benefit to exert pressure upon others. The present FIR is also one such attempt. The applicant's mother and sister are witnesses in Case Crime No. 441 of 2021 under Section 376-D IPC registered by the informant's wife against the person who got registered Case Crime No. 448 of 2021 against the applicant. The applicant has been dragged in the present case so that the applicant's mother and sister change their deposition in favour of the informant. Learned counsel for the applicant has invited attention of this Court to the statements of the mother and sister brought on record by way of supplementary affidavit. The applicant has a criminal history of 8 cases which have been duly explained in para 2 of the supplementary affidavit. The applicant has been acquitted in 6 cases out of 8 cases and bailed out in two cases. She next submits that there is no likelihood of his fleeing from course of justice or tampering with evidence in case of release on bail. Hence, bail has been prayed for. Per contra, learned AGA as also Sri Niraj Kumar Dwivedi, learned counsel for the first informant could not dispute the above submissions. 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 case, but without commenting on merit of case, a case for bail is made out. Accordingly, the bail application is allowed. Let the accused-applicant, Shivkumar Mishra Alias Shishu, 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. Order Date :- 4.3.2025 Anjali Digitally signed by :- ANJALI SHARMA High Court of Judicature at Allahabad