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2025 DAILYLAW 195024 (ALL)

SHIVAM SINGH @ BAGDADI v. STATE OF U.P. THRU. SECY. DEPTT. OF HOME LKO.

BAIL/7967/2025 · 2025-10-06

Subhash Vidyarthi

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 7967 of 2025 Court No. - 13 HON'BLE SUBHASH VIDYARTHI, J. 1. Heard Shri Ravindra Shukla, learned counsel for the applicant and Shri Satyendra Srivastava, learned A.G.A. for the State. 2. This is the second application seeking release of the applicant on bail in Case Crime No.339 of 2024 under Sections 191(2), 191(3), 109, 352, 351(2) of B.N.S. and Section 3/25/27 of Arms Act registered at Police Station- Kadipur, District- Sultanpur. 3. The applicant's first bail application No.13053 of 2024 was rejected by means of an order dated 17.03.2025 passed by a Co-ordinate Bench of this Court wherein it is recorded that although three co-accused persons Anurag Singh @ Shivraj Singh, Raj Singh @ Abhishek Singh and Anurag Tiwari have been granted bail in the present case but a bare perusal of the First Information Report as well as the injury report clearly makes out a case against the applicant. 4. The second bail application has been filed on the ground that although as many as eight dates have been fixed since rejection of the first bail application of the applicant, not a single prosecution witness has been produced during this period. 5. The FIR alleges that the applicant Shivam Singh and co-accused persons Raj Singh and Akash Singh were following the victim along with three other persons and they fired at the informant's son Gaurav Singh and another person Suraj, who was accompanying him, causing gunshot injuries to both of Versus Counsel for Applicant(s) : Ravindra Shukla Counsel for Opposite Party(s) : G.A. Shivam Singh @ Bagdadi .....Applicant(s) State Of U.P. Thru. Secy. Deptt. Of Home Lko. .....Opposite Party(s) them. 6. The injured persons Suraj and Gaurav Singh have assigned the role of firing to Anurag Singh @ Shivraj Singh, Raj Singh and Akash Singh and he stated that the applicant Shivam Singh, Anurag Tiwari and Aman Yadav were also accompanying them. 7. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the FIR does not level of firing gunshots against the applicant and that two co-accused persons against whom allegation of firing has been assigned, have already been enlarged on bail; that in spite of eight dates having been fixed since rejection of the first bail application of the applicant, not even a single prosecution witness has been examined till date, I am of the view that the aforesaid facts are sufficient for making out a case for enlargement of the applicant on bail in the aforesaid case. 8. Accordingly, this bail application stands allowed. 9. Let the applicant- Shivam Singh @ Bagdadi be released on bail in the aforementioned case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of Magistrate/Court concerned, subject to following conditions:- (i) the applicant shall not tamper with the prosecution evidence; (ii) the applicant shall not pressurize the prosecution witnesses; (iii) the applicant shall appear on each and every date fixed by the trial Court. October 6, 2025 -Amit K- BAIL No. 7967 of 2025 2 (Subhash Vidyarthi,J.) Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench