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2025 DAILYLAW 24138 (ALL)

SHIVAM ALIAS PANDIT v. STATE OF U.P.

BAIL/7970/2025 · 2025-03-18

Deepak Verma

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:39720 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7970 of 2025 Applicant :- Shivam Alias Pandit Opposite Party :- State of U.P. Counsel for Applicant :- Ajay Kumar Srivastava,Shivangi Bhargava Counsel for Opposite Party :- G.A. Hon'ble Deepak Verma,J. 1. Supplementary affidavit, filed today, is taken on record. 2. Heard learned counsel for the applicant; learned A.G.A. for the State and perused the record. 3. The instant bail application has been filed on behalf of the applicant with a prayer to release him on bail in Case Crime No.661 of 2024, under Sections 303(2), 317(2) B.N.S., P.S. Ijjatnagar, District Bareilly, during pendency of the trial. 4. Learned counsel for the applicant submitted that applicant is innocent and has been falsely implicated in the present case due to ulterior motive. The applicant is not named in the F.I.R. It is next submitted that identically placed co-accused, namely, Keshav Patel and Manoj Patel have been granted bail by the Co-ordinate Bench of this Court vide orders dated 17.12.2024 and 08.01.2025 passed in Crl. Misc. Bail Application No. 44674 of 2024 and 46692 of 2024 respectively. He further submits that since the role of the applicant is not distinguishable with the role of co-accused, therefore, the applicant is also entitled to be enlarged on bail on the ground of parity. The applicant has criminal history which has been explained in the supplementary affidavit. Moreover, there is no prospect of trial of the present case being concluded in near future. The applicant is languishing in jail since 16.09.2024 and in case, he is enlarged on bail he will not misuse the liberty of bail and co-operate in trial. 5. Learned A.G.A. opposed the bail prayer of the applicant. 6. 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, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed. 7. Let the applicant, Shivam @ Pandit who is involved in the aforesaid case 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 subject to following conditions. Further, before issuing the release order, the sureties be verified. (i) The applicant shall not tamper with the prosecution evidence by intimidating/pressurizing the witnesses, during the investigation or trial. (ii) The applicant shall cooperate in the trial 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 remain present, in person, before the trial court on the dates fixed. If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law. 8. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Order Date :- 19.3.2025 Meenu Singh Digitally signed by :- MEENU SINGH High Court of Judicature at Allahabad