Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 26644 of 2025 Court No. - 64 HON'BLE VIVEK VARMA, J.
1. Supplementary affidavit filed by the counsel for the applicant, is taken on record. 2. Heard learned counsel for the applicant and Sri S.S.Pandey, learned AGA for the State-respondent. 3. The present bail application under Section 483 BNSS has been filed with a prayer to enlarge the applicant on bail in Case Crime No.145 of 2025, under Sections 105, 110 BNS, Police Station Surajpur, District Gautam Buddha Nagar during the pendency of trial. 4. Counsel for the applicant submits that the applicant has been falsely implicated in the present case. During the course of trial the informant was examined as PW-1 and injured Vineeta was examined as PW-2. Both the prosecution witnesses in their examination-in-chief have not supported the prosecution case and have been declared hostile by the trial court. The applicant is in jail since 17.03.2025 having no criminal antecedents and in case he is enlarged on bail, he will not misuse the said liberty. 5. Learned AGA opposed the prayer for bail but could not satisfactorily dispute the aforesaid submissions from the record. 6. Having heard counsel for the parties and having perused the record, this Court prima facie finds that during the course of trial, the informant was examined as PW-1 and injured Vineeta was examined as PW-2. Both the Versus Counsel for Applicant(s) : Gaurav Srivastav, Rajesh Kumar Srivastava Counsel for Opposite Party(s) : G.A. Shivam Alias Subham .....Applicant(s) State of U.P. .....Opposite Party(s)
prosecution witnesses in their examination-in-chief have not supported the prosecution case and have been declared hostile by the trial court. Further, t he applicant has remained confined for more than six months and after submission of charge sheet there is no hope of early conclusion of trial, more so when no reasonable apprehension has been brought to the fore by the State that the applicant, if enlarged on bail, would either tamper with the evidence or delay the trial or intimidate the witness, without commenting on the merits of the case, I am of the opinion that the applicant is entitled to be enlarged on bail. 7.
7. Let the applicant Shivam @ Subham, involved in the aforesaid case be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to the conditions that he: (i) shall appear on the date fixed by the trial court; (ii) shall not tamper with the prosecution evidence; and, (iii) shall not pressurize the prosecution witnesses. 8. In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court. October 7, 2025 Lbm/- BAIL No. 26644 of 2025 2 (Vivek Varma,J.) Digitally signed by :- LAL BAHADUR MAURYA High Court of Judicature at Allahabad