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2025 DAILYLAW 191790 (ALL)

SHIVAM v. STATE OF U.P.

BAIL/35369/2025 · 2025-10-13

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 35369 of 2025 Court No. - 69 HON'BLE ARUN KUMAR SINGH DESHWAL, J. 1. Heard Sri Dhiraj Kumar Pandey, learned counsel for the applicant, Sri Roshan Kumar Singh, learned A.G.A. and perused the record. 2. The instant application has been filed to enlarge the applicant on bail in case crime No. 310 of 2025, under Sections 87, 137(2), 352, 351(2) BNS, P.S. Dhanghata, District Sant Kabir Nagar. 3. Contention of learned counsel for the applicant is that though in the F.I.R. the allegation has been made that applicant enticed away the daughter of the first informant, but the victim in her statement under Section 183 BNSS has clearly stated that she left her house on her own will with the applicant. Therefore, the applicant has not committed any offence. Charge-sheet has been filed in this case against the applicant by the police, therefore there is no requirement of custodial interrogation. The applicant is a law abiding citizen and he is languishing in jail since 23.08.2025. In case, he is granted bail, he will not misuse the liberty of bail and would cooperate in the trial proceedings. 4. On the other hand, learned A.G.A. for the State opposed the prayer for bail, but he could not dispute the aforesaid fact. 5. Thus, considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and keeping in view the nature of offence, evidence, complicity of accused and without expressing any opinion on the merits of the case, I am of the opinion that the applicant is entitled to be enlarged on bail. Versus Counsel for Applicant(s) : Dhiraj Kumar Pandey Counsel for Opposite Party(s) : G.A. Shivam .....Applicant(s) State of U.P. .....Opposite Party(s) 6. Let the applicant- Shivam, involved in the aforementioned crime 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, with the following conditions:- i. 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. ii. The applicant shall cooperate in the trial/investigation sincerely without seeking any adjournment. iii. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail. iv. The applicant shall attend in accordance with the conditions of the bond executed by him. 7. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 8. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted. (Arun Kumar Singh Deshwal,J.) October 14, 2025 Vibha Singh BAIL No. 35369 of 2025 2 Digitally signed by :- VIBHA SINGH High Court of Judicature at Allahabad Digitally signed by :- VIBHA SINGH High Court of Judicature at Allahabad