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2025 DAILYLAW 19055 (ALL)

SHIVAM KALRA v. STATE OF U.P.

BAIL/5360/2025 · 2025-02-18

Rohit Ranjan Agarwal

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:24111 Court No. - 9 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5360 of 2025 Applicant :- Shivam Kalra Opposite Party :- State of U.P. Counsel for Applicant :- Bipin Kumar,Jai Prakash Counsel for Opposite Party :- G.A. Hon'ble Rohit Ranjan Agarwal,J. 1. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material placed on record. 2. By means of this application under Section 439 of Cr.P.C., applicant who is involved in Case Crime No. 248 of 2024, under Sections 109, 351 (3), 352, 115 (2), 125, 190, 191 (3), 191 (2) B.N.S. & Section 7 Criminal Law Amendment Act, Police Station- T.P. Nagar, District- Meerut, seeks enlargement on bail, during the pendency of trial. 3. It is contended by the learned counsel for the applicant that applicant has been falsely implicated in the present case. He further submits that a sudden scuffle had taken place between the two sides in which injuries were caused to both the sides. The role assigned to the applicant is general in nature and no specific role has been assigned. It is next contended that the other co-accused persons have already been enlarged on bail by this Court. Bail orders of the co-accused persons have been annexed as Annexure No. 6 to the bail application. The applicant is languishing in jail since 17.01.2025. In case, the applicant is released on bail, he will not misuse the liberty of bail. 4. Learned A.G.A. for the State has vehemently opposed the prayer for bail of the applicant, however, he could not dispute the aforesaid facts. 5. Considering the facts and circumstances of the case as well as keeping in view the nature of the offence, evidence, complicity of the accused and submissions of the learned counsel for the parties, this Court finds that the applicant has made out a case for bail. Hence, the bail application is hereby allowed. 6. Let the applicant- Shivam Kalra, be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions, which are being imposed in the interest of justice:- (i) That the applicant shall cooperate in the expeditious disposal of the trial and shall regularly attend the court unless inevitable. (ii) That 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. (iii) That after his release, the applicant shall not involve in any criminal activity. (iv) The identity, status and residential proof of sureties will be verified by court concerned. 7. In case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail. Order Date :- 19.2.2025 Shekhar Digitally signed by :- SHASHI SHEKHAR PANDEY High Court of Judicature at Allahabad