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2025 DAILYLAW 164212 (ALL)

SHIVAM KUMAR v. STATE OF U.P. THRU. PRIN. SECY. HOME CIVIL SECTT. LKO.

/8803/2025 · 2025-09-23

Karunesh Singh Pawar

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 8803 of 2025 Court No. - 12 HON'BLE KARUNESH SINGH PAWAR, J. 1. Heard learned counsel for the applicant, learned A.G.A. for the State- respondent and perused the record. 2. Learned counsel for the applicant submits that five cases have been shown in the gang chart and in all five cases the applicant has been enlarged on bail. He has made specific pleadings in this regard in para-3 of the affidavit filed in support of the bail application. Co-accused Daalchandra has been granted bail by a co-ordinate Bench of this Court vide order dated 15.09.2025 passed in Criminal Misc. Bail Application No.8689 of 2025. The applicant is in jail since 24.08.2025. 3. Learned A.G.A. has opposed the bail prayer. 4. On due consideration to the submission advanced, perusal of the record as also the fact that in all the five cases shown in the gang-chart, the applicant has been granted bail and he also made specific pleadings in this regard in para-3 of the affidavit filed in support of the bail application, the applicant is in jail since 24.08.2025, the co-accused, named above, has been granted bail and without expressing any opinion on merits of the case, I find it to be a fit case for enlarging the applicant on bail 5.Accordingly, the bail application is allowed. 6. Let the applicant- Shivam Kumar involved in Case Crime No. 511 of Versus Counsel for Applicant(s) : Janendra Kumar Verma Counsel for Opposite Party(s) : G.A. Shivam Kumar .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Civil Sectt. Lko. .....Opposite Party(s) 2025, under Sections 2B(ii)/3 of the U.P. Gangster Act, Police Station Gola, District- Lakhimpur Kheri be released on bail on his furnishing a personal bond and two reliable sureties each in the like amount to the satisfaction of the trial court concerned with the following conditions which are being imposed in the interest of justice:- (i) The applicant will not tamper with the evidence during the trial. (ii) The applicant will not pressurize/ intimidate the prosecution witness. (iii) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence. (iv) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law. (v) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Panel Code (now Section 269 of BNS). (vi) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C. (now Section 84 BNSS) is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 174-A of the Indian Panel Code (now Section 209 BNS). September 23, 2025 dk/ BAIL No. 8803 of 2025 2 (Karunesh Singh Pawar,J.) Digitally signed by :- DEVENDRA KUMAR High Court of Judicature at Allahabad, Lucknow Bench