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2025 DAILYLAW 158135 (ALL)

SHIV KUMAR SINGH v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO.

BAIL/7699/2025 · 2025-08-19

Subhash Vidyarthi

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:48466 Court No. - 13 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7699 of 2025 Applicant :- Shiv Kumar Singh Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. Counsel for Applicant :- Santosh Kumar Srivastava,Himanshu Singh Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Sri Santosh Kumar Srivastava, the learned counsel for the applicant, Sri Satyendra Srivastava, 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.82 of 2025, under Sections 2(b)(i), 2(b)(xi), 3(1) of Uttar Pradesh Gangsters and Antisocial Activities (Prevention) Act, 1986, registered at Police Station Bhale Sultan Shaheed Smarak (Bhale Sultan), District Amethi. 3. The gang chart mentions involvement of the applicant in three cases, in which he has been granted bail. The applicant is involved in two other cases, in which he has been enlarged on bail. 4. In the affidavit filed in support of bail application it has been stated that the applicant is innocent and he has been falsely implicated in the present case. It has also been stated in the affidavit filed in support of the bail application that the applicant is neither a leader nor member of any gang. 5. The learned counsel for the applicant has submitted that co- accused person- Dheeraj Lona has already been granted bail by means of an order dated 07.08.2025 passed by this Court in Criminal Misc. Bail Application No. 7343 of 2025. 6. The learned A.G.A. has opposed the prayer for bail but he could not dispute the aforesaid aspects of the matter. 7. Having considered the aforesaid facts and circumstances of the case and the fact that the applicant has been granted bail in all the cases mentioned in the gang chart and in the other cases, in which, he is involved; a co-accused persons has also been granted bail in the present case; that the applicant is languishing in jail since 10.07.2025 and without making any observation, which may affect the merits of the case, I am of the view that he applicant is also entitle to be granted bail on the ground of parity. 8. Accordingly, this bail application stands allowed. 9. Let the applicant-Shiv Kumar Singh be released on bail in the aforesaid 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, unless his appearance is exempted by the learned trial court. (Subhash Vidyarthi, J.) Order Date :- 19.8.2025 Preeti. Digitally signed by :- PREETI GAUTAM High Court of Judicature at Allahabad, Lucknow Bench