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2025 DAILYLAW 192369 (ALL)

SHIVAM CHAUDHARY ALIAS SHIVAM KANAUJIYA v. STATE OF U.P.

BAIL/35124/2025 · 2025-10-12

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Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 35124 of 2025 Court No. - 68 HON'BLE ASHUTOSH SRIVASTAVA, J. Heard Shri Dhirendra Kumar Srivastava, learned counsel for the applicant, Shri Rajesh Kumar 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, Shivam Chaudhary Alias Shivam Kanaujiya, seeking enlargement on bail in Case Crime No. 110 of 2025, under Sections 352, 351 (2), 55 of the Bharatiya Nyaya Sanhita, 2023 and Section 66 of I.T. Act, Police Station Sarai Memrez, District Prayagraj, during the pendency of the trial before the Court below. 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 28.7.2025. Learned counsel for the applicant submits that allegation in the FIR is that one Rahul Pasi was apprehended and during search of his mobile phone, one video to provoke the youth was recovered. The applicant has been nominated as one of the gang member of that video. the allegations levelled in the FIR are general in nature and no specific role was assigned against the applicant. There is no recovery of any incriminating articles from the possession of the applicant. He has no criminal antecedent 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. Versus Counsel for Applicant(s) : Dhirendra Kumar Srivastava Counsel for Opposite Party(s) : G.A. Shivam Chaudhary Alias Shivam Kanaujiya .....Applicant(s) State of U.P. .....Opposite Party(s) 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, Shivam Chaudhary Alias Shivam Kanaujiya , 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. October 13, 2025 Ravi Prakash BAIL No. 35124 of 2025 2 (Ashutosh Srivastava,J.) Digitally signed by :- RAVI PRAKASH High Court of Judicature at Allahabad