SHIVAM JAISWAL v. STATE OF U.P. THRU. ADDL. CHIEF SECY. DEPTT. OF HOME LKO.
BAIL/3336/2025 · 2025-08-20
Subhash Vidyarthi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 134480 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 134480 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:49157 Court No. - 13 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3336 of 2025 Applicant :- Shivam Jaiswal Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Deptt. Of Home Lko. Counsel for Applicant :- Gulam Mustafa Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.
1. Heard Shri Gulam Mustafa, learned counsel for the applicant, Shri Manish Kumar Pandey, learned A.G.A. for the State and perused the records. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No.60 of 2025 under Sections 191(2), 118(1), 109, 3(5) BNS, P.S.- Dahi, District - Unnao. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on15.03.2025 against six named persons, including the applicant and two unknown persons, stating that all the accused persons had assaulted the informant's brother causing grievous injuries to him. 4. In the affidavit filed in support of the bail application, it has been stated that the applicant is innocent and he has been falsely implicated in the present case. 5. The injury report of the victim mentions five incised wounds suffered by him. However, the injuries suffered were not grievous in nature. 6. A supplementary affidavit filed on behalf of the applicant disclosing his involvement in six other criminal case, in five of which the applicant has been granted bail and in the sixth case, he has been given the benefit of Section 41-A of Cr.P.C.. 7. The State has filed a counter affidavit annexing therewith
copies of material collected during investigation and a copy of charge-sheet. 8. Two co-accused persons Neeraj and Vimal @ Chuha have been granted bail in the present case by means of orders dated 23.06.2025 and 21.07.2025 passed by Co-ordinate Benches of this Court in Crl. Misc. Bail Application Nos.5408 of 2025 and 3514 of 2025 respectively. 9. Although the learned AGA has opposed the bail application, he could not dispute the fact that similar roles have been assigned to all the accused persons and the role assigned to the applicant is not different from that assigned to the two co- accused persons who have been granted bail. 10. In view of the aforesaid facts, I am of the view that the applicant is also entitled to be released on bail in the aforesaid case on the ground of parity. 11.
Accordingly, this bail application stands allowed. 12. Let the applicant- Shivam Jaiswal be released on bail in the aforementioned case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of Magistrate/Court concerned, subject to following conditions:- (i) the applicant shall not tamper with the prosecution evidence; (ii) the applicant shall not pressurize the prosecution witnesses; (iii) the applicant shall appear on each and every date fixed by the trial Court. Order Date :- 20.8.2025 S. Shivhare Digitally signed by :- SHASHANK SHIVHARE High Court of Judicature at Allahabad, Lucknow Bench