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2025 DAILYLAW 200252 (ALL)

SHIVA v. STATE OF U.P.

BAIL/34291/2025 · 2025-10-13

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 34291 of 2025 Court No. - 69 HON'BLE ARUN KUMAR SINGH DESHWAL, J. 1. Heard Sri Sanjay Singh, learned counsel for the applicant, Sri Roshan Kumar Singh, learned A.G.A. for the State and perused the record. 2. The instant bail application has been filed with a prayer to release the applicant on bail in Case Crime No.74 of 2025, under Sections- 191(2), 115(1), 352, 351(2), 109(1), 117(2) of BNS, Police Station- Dauki, District-Agra, during the pendency of the trial. 3. Contention of learned counsel for the applicant is that in the FIR, general allegation has been made against eight persons wherein the allegation has been made that initially the dispute was between Ravi and the first informant Deepak for money transaction. Subsequently, both the sides involved in scuffling and attacking each other. It is further submitted that the general allegation has been made against the applicant that he along with Ravi caused injury to the injured Pawan but the co-accused Ravi has already been enlarged on bail by a coordinate Bench of this court in Criminal Misc. Bail Application No. 32757 of 2025 vide order dated 23.09.2025. It is further submitted that the applicant has no criminal history. It is further submitted that charge sheet has been filed in the present case, therefore, there is no requirement of custodial interrogation. The applicant is a law abiding citizen and he is languishing in jail since 19.07.2025. In case, he is granted bail, he will not misuse the liberty of bail and would cooperate in the trial proceedings. 4. Learned A.G.A. has opposed the prayer for bail but could not dispute the aforesaid facts. Versus Counsel for Applicant(s) : Sanjay Singh Counsel for Opposite Party(s) : G.A. Shiva .....Applicant(s) State of U.P. .....Opposite Party(s) 5. 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. 6. Let the applicant- Shiva, 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 S.C. BAIL No. 34291 of 2025 2 (Arun Kumar Singh Deshwal,J.) Digitally signed by :- SHUBHAM CHAURASIA High Court of Judicature at Allahabad