SHIVAM SINGH v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. GOVT. LKO
BAIL/467/2025 · 2025-02-19
Attau Rahman Masoodi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 117491 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 117491 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:10949 Court No. - 1 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 467 of 2025 Applicant :- Shivam Singh Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Govt. Lko Counsel for Applicant :- Narendra Pratap Mishra Counsel for Opposite Party :- G.A. Hon'ble Attau Rahman Masoodi,J.
1. Heard learned counsel for the accused-applicant as well as learned A.G.A. for the State and perused the record.
2. The present bail application has been filed on behalf of the applicant in Case Crime No. 84 of 2020, under Sections 2/3(1) of the U.P. Gangster and Anti-social Activities (Prevention) Act, 1986, Police Station - Baldirai, District - Sultanpur, with the prayer to enlarge him on bail.
3. Learned counsel for the applicant submits that the role of the applicant is similar to that of co-accused persons namely Rakesh Yadav, Amarjeet Yadav, Wahid Ansari and Baliram Nishad who have already been granted bail by this Court in Crl. Misc. Bail Application Nos. 415 of 2022, 2593 of 2024, 4364 of 2022 and 6218 of 2020 vide order dated 26.6.2024, 8.4.2024, 20.5.2022 and 4.9.2020 respectively. Therefore,
learned counsel for the applicant claims parity.
4. Though the learned Additional Government Advocate has opposed the bail, but the factual position narrated by the learned counsel for the applicant is not disputed.
5. Considering the facts and circumstances of the case and also the fact that the case of the applicant is similar to that of co- accused who have been enlarged on bail, the bail application deserves to be allowed and the same is accordingly allowed.
6. Let the applicant, namely, Shivam Singh involved in the aforesaid case crime number 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, which are being imposed in the interest of justice:-
(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 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. (iv) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law. (v) The applicant shall submit an undertaking on affidavit in terms of Section 19 (4) of the U.P. Gangster and Anti Social Activities (Prevention) Act, 1986 that he will not indulge in any case for or misuse the liberty of bail. (vi) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code. (vii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 174-A of the Indian Penal Code. . [Attau Rahman Masoodi, J.]
Order Date :- 19.2.2025 akhilesh/- Digitally signed by :- AKHILESHWAR KUMAR High Court of Judicature at Allahabad, Lucknow Bench