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2025 DAILYLAW 174872 (ALL)

Shiva Joshi v. State of U.P. THRU PRINCIPAL SEC. HOME

BAIL/1879/2025 · 2025-11-03

Pankaj Bhatia

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 1879 of 2025 Court No. - 12 HON'BLE PANKAJ BHATIA, J. 1. Heard Sri Sushil Kumar Yadav, learned counsel for the applicant, learned AGA and perused the record. 2. This is second application for bail seeking enlargement in FIR/Case Crime No.111 of 2023 under section 376 IPC, P.S. Madeyganj, District Lucknow. The first bail application of the accused applicant was rejected on 13.02.2024. 3. While arguing the second bail application, the counsel for the applicant states that all the witnesses have been examined and the trial is at the stage of section 313 Cr.P.C. The applicant is in custody since 29.09.2023 and has no criminal history. 4. Considering the development after the rejection of the first bail application to the effect that the entire witnesses have already been examined coupled with the fact that the applicant has no criminal history and thus, there is no material on record to presume that the applicant if enlarged on bail can have any adverse affect on the trial at this stage, the applicant is entitled for the bail. Thus the bail application is allowed. 5. Let the applicant Shiva Joshi be released on bail in aforesaid FIR/Case Crime Number subject to his furnishing a personal bond and two reliable sureties of Rs.20,000/- (Twenty Thousand) each of the like amount to the satisfaction of the court concerned with the following conditions: Versus Counsel for Applicant(s) : Praveen Kumar Tripathi, Sushil Kumar Yadav Counsel for Opposite Party(s) : G.A. Shiva Joshi .....Applicant(s) State Of U.P. Thru Principal Sec. Home .....Opposite Party(s) (a) The applicant shall execute a bond to undertake to attend the hearings; (b) The applicant shall not commit any offence similar to the offence of which he is accused or suspected of the commission; and (c) 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. November 3, 2025 VNP/- BAIL No. 1879 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- VISHVANATH PRASAD SHUKLA High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- VISHVANATH PRASAD SHUKLA High Court of Judicature at Allahabad, Lucknow Bench