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2025 DAILYLAW 178059 (ALL)

SHIVAM v. STATE OF U.P. THRU. ADDL. CHIEF SECY. DEPTT. OF HOME LKO.

/11909/2024 · 2025-12-02

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Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 11909 of 2024 Court No. - 12 HON'BLE PANKAJ BHATIA, J. 1. Heard learned counsel for the applicant, learned AGA and perused the record. 2. The applicant seeks enlargement on bail in FIR No.369 of 2024, under Section 191(2), 191(3), 333, 127(2), 76, 115(2), 351(3), 64(1) BNS, P.S. Maurawan, District Unnao. 3. In terms of the FIR it was alleged that on 28.07.2024 at about 7:30 PM, all the accused who were 4 in number, came inside the home of the informant and tried to misbehave with her and when the same was resisted by the family members, they were all beaten up. Injuries on the victim are minor injuries except injury on Kamla which also includes head injury. All the co- accused have been enlarged on bail by the trial Court. The role assigned to all the accused were similar and as the allegation of inserting finger in the private part was made against the applicant, he was denied the benefit of bail by the trial Court. Tentative age of the victim is around 32 years. 4. Learned AGA has opposed the bail application. 5. Considering the fact that the entire case is premised on all the members attacking the family members and the informant, and the insertion of finger asserted only against the applicant, the same appears to be highly improbable, as such, the applicant who is in custody since 17.08.2024 and has no criminal antecedents, is entitled to be enlarged on bail. In view Versus Counsel for Applicant(s) : Gulam Mustafa Counsel for Opposite Party(s) : G.A. Shivam .....Applicant(s) State Of U.P. Thru. Addl. Chief Secy. Deptt. Of Home Lko. .....Opposite Party(s) thereof, the application is allowed. 6. Let the applicant Shivam be released on bail in aforesaid FIR number on his furnishing a personal bond with two sureties of Rs.20,000/- each to the satisfaction of court concerned with the following conditions: (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. December 2, 2025 nishant BAIL No. 11909 of 2024 2 (Pankaj Bhatia,J.) Digitally signed by :- NISHANT MOHAN High Court of Judicature at Allahabad, Lucknow Bench