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2025 DAILYLAW 176534 (ALL)

SHUBHAM PAL @ SHIVAM @ KARAN v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO

BAIL/2911/2025 · 2025-11-11

Subhash Vidyarthi

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 2911 of 2025 Court No. - 17 HON'BLE SUBHASH VIDYARTHI, J. 1. Heard Sri Arun Sinha, learned Senior Advocate assisted by Sri R.C. Singh, the learned counsel for the applicant and Sri Mayank Sinha, the learned A.G.A. for the State and perused the record. 2. This is the second application seeking release of the application on bail in Case Crime No. 371/2022, under Sections 120B, 323, 364, 302, 201 IPC, Police Station Krishna Nagar, District Lucknow. 3. The first application No. 787/2023 was rejected by means of an order dated 18.04.2023. Subsequent to rejection of the first bail application, all the prosecution witnesses have been examined and the case has reached the stage of recording statement under Section 313 Cr.P.C. 4. The learned counsel for the applicant has submitted that the applicant is languishing in jail since 02.08.2022 i.e. for more than 3 years; that the applicant has no criminal history; the dead body has not been recovered and it is a case of circumstantial evidence only; the entire prosecution evidence stands concluded and in case of his release on bail, the applicant will not be in a position Versus Counsel for Applicant(s) : Manoj Kr. Singh, Arun Sinha, Shaama Begum Counsel for Opposite Party(s) : G.A., Kunwar Bahadur Singh, Sudheer Kumar Rawat Shubham Pal @ Shivam @ Karan .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko .....Opposite Party(s) to influence the witnesses or tampers with the evidence. 5. Without entering into the merits of the case, I am of the view that the aforesaid facts are sufficient for making out a case for enlargement of the applicant on bail. 6. Accordingly, this bail application stands allowed. 7. Let the applicant- Shubham Pal @ Shivam @ Karan 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. November 11, 2025 Pradeep/- BAIL No. 2911 of 2025 2 (Subhash Vidyarthi,J.) Digitally signed by :- PRADEEP SINGH High Court of Judicature at Allahabad, Lucknow Bench