SHIVAM YADAV v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO.
BAIL/8466/2025 · 2025-09-08
Subhash Vidyarthi
body2025
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[ 2025 DAILYLAW 162525 (ALL) · dailylaw.ai ]
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[ 2025 DAILYLAW 162525 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 8466 of 2025 Court No. - 13 HON'BLE SUBHASH VIDYARTHI, J.
1. Heard Shri Vivek Kumar Rai, learned counsel for the applicant, Ms. Shikha Sinha, learned A.G.A.-I for the State. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No.577 of 2025 under Sections 309 (6), 352, 61(2), 317(2), 351(3) of B.N.S. registered at Police Station- Kotwali, District- Barabanki. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 08.06.2025 stating that the informant had to travel from Lucknow to Basti; as no public conveyance was available, he took ride in a private white coloured car for Rs.400/- fare. Four persons were already sitting in the car after travelling to some distance, they robbed the informant of Rs.22,000/- and they got Rs.10,000/- transferred from his phone through UPI and thereafter he was thrown out of the car. 4. The police claimed to have arrested five persons on the basis of an information received from a mukhbir and in their custodial statement they confessed their involvement in commission of the offence in question and they also stated that the applicant is also their accomplice, who is not involved in commission of the offence but the amount was transferred to his account. 5. In the affidavit filed in support of the bail application, it has been stated that the applicant is a young man aged 18 years having no Versus Counsel for Applicant(s) : Vivek Kumar Rai, Ajai Kumar, Sudheer Kumar Yadav Counsel for Opposite Party(s): G.A. Shivam Yadav .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. .....Opposite Party(s)
criminal history and he has been falsely implicated in the present case. 6. Learned A.G.A. has vehemently opposed the bail application and she has submitted that allegations have been established during investigation and a charge-sheet has been submitted on 29.07.2025. 7.
Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that even in the custodial statement, which forms basis of the applicant's implication, it has been stated that the applicant is not involved in commission of the offence; that the applicant is a young man aged 18 years having no criminal history and he is languishing in jail since 22.07.2025 whereas the investigation stands concluded, I am of the view that the aforesaid facts are sufficient for making out a case for enlargement of the applicant on bail in the aforesaid case. 8. Accordingly, this bail application stands allowed. 9. Let the applicant- Shivam Yadav 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. September 8, 2025 -Amit K- BAIL No. 8466 of 2025 2 (Subhash Vidyarthi,J.) Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench