SHIVA ALIAS SHIVA KUMAR v. STATE OF U.P. AND ANOTHER
NABAIL/8163/2025 · 2025-10-13
body2025
DailyLaw.ai
[ 2025 DAILYLAW 193102 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 193102 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 8163 of 2025 Court No. - 72 HON'BLE JITENDRA KUMAR SINHA, J.
1. Heard Sri Sani Kumar, learned counsel for the applicant and Sri Manoj Gautam, learned A.G.A. for the State and perused the record. 2. The present application has been moved seeking anticipatory bail in Case Crime no. 193 of 2025 under Sections 2/3 of U.P. Gangster and Anti Social Activities (Prevention) Act, Police Station Khanpur, District Bulandshahar with the prayer that in the event of arrest, the applicant may be released on bail. 3. It has been contended by learned counsel for the applicant that applicant is on bail in both the two cases shown against him in the gang chart. It is also submitted that applicant is also on bail in two other cases apart from the above. It was also submitted that applicant undertakes to co-operate during trial and he would appear as and when required by the investigating agency or Court and in case he is granted anticipatory bail, he shall not misuse the liberty of bail and would obey all conditions of bail. 4. On the other hand, learned A.G.A. has opposed the prayer for grant of anticipatory bail, however, he does not dispute the fact that applicant is on bail in the two cases shown against him in the gang chart as well as in two other cases lodged against him. 5. I have considered the rival submissions made by learned counsel for Versus Counsel for Applicant(s) : Mandeep Singh, Sani Kumar Counsel for Opposite Party(s) : G.A. Shiva Alias Shiva Kumar .....Applicant(s) State of U.P. and Another .....Opposite Party(s)
the parties. 6. It may be stated that in case of Siddharam Satlingappa Mhetre v. State of Maharashtra, (2011) 1 SCC 694, it has been held by Hon'ble Supreme Court that while deciding anticipatory bail, the Court must consider nature and gravity of accusation, antecedents of the accused, possibility of accused to flee from justice and that Court must evaluate the entire available material against the accused carefully and the exact role of accused has also to be taken into consideration. 7.
In the instant case, considering the settled principle of law regarding anticipatory bail, submissions of learned counsel for the parties, nature of accusation, role of applicant and all attending facts and circumstances of the case, without expressing any opinion on merits, a case for anticipatory bail is made out. 8. The anticipatory bail application is allowed. 9. In the event of arrest of the applicant Shiva Alias Shiva Kumar involved in the aforesaid case crime, he shall be released on anticipatory bail on his furnishing a personal bond of Rs. 50,000/- with two sureties each in the like amount to the satisfaction of the Court concerned, with the following conditions :- (i) The applicant shall not tamper with evidence and that he would appear before the trial Court on the date fixed unless exempted by the Court concerned; (ii) 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/her/them from disclosing such facts to the Court or to any police officer; (iii) The applicant would co-operate during trial and would not misuse the liberty of bail. (iv) The applicant shall not leave India without prior permission of the Court concerned. NABAIL No. 8163 of 2025 2
10. In default of any of the conditions, the prosecution shall be at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicant. October 14, 2025 Madhurima NABAIL No. 8163 of 2025 3 (Jitendra Kumar Sinha,J.) Digitally signed by :- MADHURIMA GARG High Court of Judicature at Allahabad