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2025 DAILYLAW 159665 (ALL)

SHUBHAM KUMAR v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO

BAIL/7974/2025 · 2025-08-26

Subhash Vidyarthi

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 7974 of 2025 Court No. - 13 HON'BLE SUBHASH VIDYARTHI, J. 1. Heard Sri D.P. Dutta Tiwari, the learned counsel for the applicant as well as Sri Satyedra Srivastava, the learned AGA-I 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. 495/2025, under Sections 317(2), 317(4), 318(4), 336(2) B.N.S. 2023, Police Station Kotwali Nagar, District Sultanpur. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged by a Sub Inspector on 18.06.2025 against four named persons, including the applicant, stating that on the basis of information received from a mukhbir that some thieves had hidden some stolen motorcycle in a pit, the police arrested the accused persons while they had approached the pit for removing the stolen motorcycle. the recovery memo states that the recovery was not witnessed by any independent witness. 4. In the affidavit filed in support of the bail application, it has been stated that the applicant is a young man aged about 29 years, he is an innocent person and he has been falsely implicated in the present case. The applicant's involvement in 2 other cases has been disclosed in paragraph 17 of the affidavit filed in support of the bail application, in which the applicant has been granted bail. 5. Learned AGA-I has opposed the bail application and he has submitted that the allegations have been established during investigation and a charge sheet Versus Counsel for Applicant(s) : Gyanendra Nath, D.P. Dutt Tiwari Counsel for Opposite Party(s) : G.A. Shubham Kumar .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko .....Opposite Party(s) has been submitted on 24.07.2025. 6. The co-accused Mahan Dubey has been granted bail by means of an order dated 20.08.2025 passed by this Court in CRIMINAL MISC. BAIL APPLICATION No. - 7759 of 2025. 7. Having considered the aforesaid facts and circumstances of the case and keeping in view that the fact that the applicant was arrested along with other accused persons when he approached near some stolen motorcycle; no incriminating material has been recovered from the possession of the applicant; and that the applicant is a young man aged about 29 years and he is languishing in jail since 19.06.2025 whereas the investigation already stands concluded and the co-accused Mahan Dubey has been granted bail, I am of the view that the applicant is also entitled to be released on bail. 8. Accordingly, this bail application stands allowed. 9. Let the applicant- Shubham Kumar 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 the 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. August 26, 2025 S. Shivhare BAIL No. 7974 of 2025 2 (Subhash Vidyarthi,J.) Digitally signed by :- SHASHANK SHIVHARE High Court of Judicature at Allahabad, Lucknow Bench