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2025 DAILYLAW 44002 (ALL)

SHUBHAM @ KALLU @ VAIBHAV v. STATE OF U.P.

BAIL/13010/2025 · 2025-05-26

Ashutosh Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:90873 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13010 of 2025 Applicant :- Shubham @ Kallu @ Vaibhav Opposite Party :- State of U.P. Counsel for Applicant :- Jitendra Kumar,Rajeev Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. Counter affidavit filed by learned A.G.A. is taken on record. Heard learned counsel for the applicant, Sri Yagyavalk Pandey, learned AGA for the State-respondent and perused the record. This bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been moved on behalf of accused-applicant, Shubham @ Kallu @ Vaibhav, seeking enlargement on bail in Case Crime No.01 of 2025, under Sections 317(2), 318(4), 319(2), 336(3), 338, 340(2) of the Bharatiya Nyaya Sanhita, 2023 and Section 66-D of I.T. Act, Police Station Cyber Crime Fatehgarh, District Farrukhabad. Learned counsel for the applicant argued that the accused- applicant is innocent. He has been falsely implicated in this very case crime number and is languishing in jail since 01.02.2025. Nothing incriminating has been recovered from the possession of the applicant. He submits that co-accused Ritesh Verma @ Sumit has already been granted bail by the coordinate Bench of this Court by order dated 01.05.2025 passed in Criminal Misc. Bail Application No.7414 of 2025. The applicant has criminal antecedent of one case. and there is no likelihood of his fleeing from course of justice or tampering with evidence in case of release on bail. Hence, bail has been prayed for. Learned AGA has vehemently opposed the prayer for bail. Considering all above facts and circumstances, the nature of accusations, severity of the punishment in the case of conviction and nature of supporting evidence, reasonable apprehension of tampering with the witness and prima facie case, but without commenting on merit of case, a case for bail is made out. Accordingly, the bail application is allowed. Let the accused-applicant, Shubham @ Kallu @ Vaibhav, 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: 1. The applicant will not tamper with the evidence. 2. The applicant will not indulge in any criminal activity. 3. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial. 4. The applicant will appear regularly on each and every date fixed by the trial court, unless his personal appearance is exempted through counsel by the court concerned. In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail. Order Date :- 27.5.2025 Mini Digitally signed by :- MINI KANAUJIYA High Court of Judicature at Allahabad