SHIVAM PANDEY @ SHIVAM v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO.
BAIL/8638/2025 · 2025-09-10
Subhash Vidyarthi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 163662 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 163662 (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. - 8638 of 2025 Court No. - 13 HON'BLE SUBHASH VIDYARTHI, J.
1. Heard Sri Ashish Shukla, the learned counsel for the applicant as well as Sri S.P. Singh, the learned State Counsel and perused the record. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 138 of 2025, under Sections 309(4), 317(2) B.N.S, registered at Police Station Ramnagar, District Barabanki. 3. The aforesaid case has been registered on the basis of F.I.R. lodged on 27.03.2025, stating that two unnamed accused persons robbed a gas agency of Rs. 82,030/-. 4. The police claimed to have arrested two persons namely, Aaksh Soni and Avinash Kamal. In their custodial statement, Avinash Kamal stated that he was involved in commission of the instant offence along with Shivam Pandey (the applicant) and Rohit Jaat. 5. In the affidavit filed in support of the bail application, it has been stated that the applicant is an innocent person and he has been falsely implicated in the present case. The applicant's involvement in four other criminal cases has been disclosed in para 20 of the affidavit. 6. The learned counsel for the applicant has submitted that the other person named by Avinash Kamal along with the applicant namely Rohit Kumar @ Rohit Jaat has been granted bail by means of an order dated 24.06.2025 passed by a Coordinate bench of this Court in Criminal Misc. Versus Counsel for Applicant(s) : Krishna Kant Tiwari, Ashish Shukla Counsel for Opposite Party(s) : G.A. Shivam Pandey @ Shivam .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. .....Opposite Party(s)
Bail Application No. 5598 of 2025. 7. Although the learned A.G.A. has opposed the bail application, he could not dispute the fact that the case set up against he applicant is at par with the case set up against co-accused Rohit Kumar @ Rohit Jaat, who has been released on bail. 8. Having considered the aforesaid facts and circumstances of the case, I am of the view that the applicant is also entitled to be enlarged on bail on the ground of parity with Rohit Jaat. 9. Accordingly, this bail application stands allowed. 10.
Let the applicant- Shivam Pandey @ Shivam be released on bail in aforementioned 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. September 10, 2025 Preeti. BAIL No. 8638 of 2025 2 (Subhash Vidyarthi,J.) Digitally signed by :- PREETI GAUTAM High Court of Judicature at Allahabad, Lucknow Bench