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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 35609 of 2025 Court No. - 69 HON'BLE ARUN KUMAR SINGH DESHWAL, J.
1. Heard Sri Bhupendra Kumar Pandey, learned counsel for the applicant, Sri Rajnish Tiwari, learned counsel for the first informant and Sri Alok Sharma, learned A.G.A. for the State. 2. Instant bail application has been filed with a prayer to release the applicant on bail during the trial in Case Crime No.84 of 2020, under Sections 147, 308, 323, 504, 506, 325 IPC , Police Station- Koraon, District Prayagraj. 3. Contention of learned counsel for the applicant is that in the FIR as well as in the statement of injured, general allegations have been made against all the accused persons including the applicant and both sides have received injuries in a dispute over the property. It is further submitted that co-accused Manish Tiwari, Arun Kumar Tiwari, Chhota @ Pradeep Tiwari, Rammurat Tiwari and Praveen Tiwari, Lavlesh Tiwari @ Lokesh Tiwari and Ashwani Kumar Tiwari having similar role to that of the applicant have been enlarged on bail by a co-ordinate Bench of this Court in Criminal Misc. Bail Application No.18627 of 2023 vide order dated 22.05.2023, 31573 of 2024 vide order dated 03.09.2024, 31599 of 2024 vide order dated 03.09.2024, 31723 of 2024 vide order dated 03.09.2024 and 612 of 2025 vide order dated 11.02.2025. Therefore, the applicant is entitled to the released on bail on the ground of parity. He further argued that charge sheet has been filed by the police, therefore, there is no requirement for custodial interrogation. The applicant is languishing in jail since
12.09.2025. 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 counsel for the first informant as well as learned A.G.A. for the State opposed the prayer for bail and submitted that all the injuries serious in nature but could not dispute the fact that co-accused having similar role to that of the applicant have been released on bail. Versus Counsel for Applicant(s) : Bhupendra Kumar Pandey, Pradeep Kumar Sahu Counsel for Opposite Party(s) : G.A., Rahul Mishra, Rajnish Tiwari, Surya Kant Tiwari Shivam Tiwari .....Applicant(s) State of U.P. .....Opposite Party(s)
5.
Thus, considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and taking into account of the fact that no specific role has been assigned to the applicant; similarly situated co-accused persons have been enlarged on bail; both sides have received injury in the dispute over the property 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. 6. Let the applicant- Shivam Tiwari 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. October 14, 2025 A.Kr. BAIL No. 35609 of 2025 2 (Arun Kumar Singh Deshwal,J.) Digitally signed by :- AJAY KUMAR High Court of Judicature at Allahabad