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2025 DAILYLAW 18345 (ALL)

SHIV KUMAR v. STATE OF U.P.

BAIL/5433/2025 · 2025-05-05

Ashutosh Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:72582 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5433 of 2025 Applicant :- Shiv Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Pavanesh Kumar Yadav Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. Heard Shri Pavanesh Kumar Yadav, learned counsel for the applicant, Shri Ajay Singh, learned AGA for the State-respondents and perused the record. This bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been moved on behalf of accused- applicant, Shiv Kumar, seeking enlargement on bail in Case Crime No. 237 of 2023, under Section 307 IPC and Section 3/25/27 of Arms Act, Police Station Salempur , District Bulandshahar . Learned counsel for the applicant argued that the accused- applicant is innocent. He has been falsely implicated in this very case crime number and is languishing in jail since 4.11.2023. Learned counsel for the applicant submits that as per prosecution version, it is a police firing case. No police personnel have been injured in the incident. In fact, the applicant has received bullet injury caused by the police personnel. He has two cases of criminal antecedent, which have sufficiently been explained and there is no likelihood of his fleeing from course of justice or tampering with evidence in case of release on bail. Hence, bail has been prayed for. Learned AGA has vehemently opposed the prayer for bail. Considering all above facts and circumstances, the nature of accusations, severity of the punishment in the case of conviction and nature of supporting evidence, reasonable apprehension of tampering with the witness and prima facie case, but without commenting on merit of case, a case for bail is made out. Accordingly, the bail application is allowed. Let the accused-applicant, Shiv Kumar, involved in above mentioned case crime number be released on bail, on his executing a personal bond and two reliable sureties each, in the like amount to the satisfaction of the court concerned, subject to the following conditions: 1. The applicant will not tamper with the evidence. 2. The applicant will not indulge in any criminal activity. 3. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial. 4. The applicant will appear regularly on each and every date fixed by the trial court, unless his personal appearance is exempted through counsel by the court concerned. In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail. Order Date :- 6.5.2025 Ravi Prakash (Ashutosh Srivastava, J.) Digitally signed by :- RAVI PRAKASH High Court of Judicature at Allahabad