HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 29974 of 2025 Court No. - 72 HON'BLE RAJIV LOCHAN SHUKLA, J. 1. Heard Learned counsel for the applicant, Learned A.G.A. for the State, Shri Sunil Kumar Upadhyay, Learned counsel for the informant 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.188 of 2025, under Sections 109, 352, 351(2) BNS Police Station Sadar Bazar, District Mathura. 3. Learned counsel for the applicant states that the applicant has been falsely implicated in the present case only because of his association with the co-accused Komal and Naval, who are real brothers. A perusal of the statement of the injured would indicate that the role of the applicant is only of catching hold whereas that of assaulting the injured and inflicting injury on his neck has been assigned to the co-accused Komal. The applicant has one previous criminal case to his credit, in which the applicant has been granted interim protection by this Court and no coercive action has been ordered to be taken against the applicant in Application U/s 528 BNSS No.9254/2025. He contends that in the previous criminal case shown against the applicant in his criminal antecedents, the interim order granted by this Court is still in operation 4. Learned counsel for the informant and Learned AGA have opposed the prayer for bail and have contended that the applicant is specifically nominated in the FIR. The role of catching hold is assigned to the applicant, which is quite significant in a case where knife is used as a Versus Counsel for Applicant(s) : Vineet Kumar Yadav Counsel for Opposite Party(s) : G.A., Sunil Kumar Upadhyay Shivam .....Applicant(s) State of U.P. .....Opposite Party(s) weapon of offence. He, however, could not dispute the explanation given by the applicant regarding his criminal antecedents. 5. I have considered the submissions made by Learned counsels for the parties. 6. The applicant is in jail since 12.06.2025. The role assigned to the applicant in the statement of the injured is only of catching hold. It is contended by the Learned counsel for the applicant that the primary accused Komal has not yet surrendered and is absconding, however that would not affect the case of the applicant. The trial against the applicant is not likely to conclude in the near future as it has been stated by the Learned counsel for the informant that presently only PW2 is being examined. The case of the applicant is distinguishable from the co- accused Komal, who is said to have caused knife injury on the neck of the injured. 7. Taking into account the entire facts and circumstances of the case, the role assigned to the applicant and his period of detention, a prima facie case for bail is made out. 8. The bail application is allowed. 9. Let the accused-applicant, Shivam, involved in above mentioned case crime number be released on bail, on his executing a personal bond and two reliable sureties each, in the like amount to the satisfaction of the court concerned, subject to the following conditions: (i) The applicant will not tamper with the evidence. (ii) The applicant will not indulge in any criminal activity. (iii) The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial. (iv) The applicant will appear regularly on each and every date fixed by the trial court, unless his personal appearance is exempted by the court concerned. BAIL No. 29974 of 2025 2 10. In the event of breach of any of the aforesaid conditions, the court concerned will be at liberty to proceed to cancel his bail. 11. It is made clear that the applicant shall be released on the basis of computer generated copy of this order, downloaded from the official website of High Court Allahabad and verified by the concerned counsel with the undertaking that the certified copy will be filed within 15 days. 12. It is further directed that the trial court shall send the release order to the concerned jail through Bail Order Management System (BOMS) to ensure early release of the applicant. 13. The observations made hereinabove are exclusively for deciding the instant bail application and are not to be considered to be an opinion on the merits of the case. May 7, 2026 A. Pandey BAIL No. 29974 of 2025 3 (Rajiv Lochan Shukla,J.) Digitally signed by :- ANAND PANDEY High Court of Judicature at Allahabad