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2025 DAILYLAW 52724 (ALL)

SHUBHAM SRIVASTAVA v. STATE OF U.P.

BAIL/14848/2025 · 2025-05-07

Ashutosh Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:76047 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14848 of 2025 Applicant :- Shubham Srivastava Opposite Party :- State of U.P. Counsel for Applicant :- Anand Vibhor Singh,Karunesh Pratap Singh Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. 1. Supplementary affidavit filed today, which is taken on record. 2. Heard Sri Karunesh Pratap Singh, learned counsel for the applicant, Sri Ajay Singh, learned AGA for the State-respondents and perused the record. 3. This bail application under Section 483 BNSS has been moved on behalf of accused-applicant, Shubham Srivastava, seeking enlargement on bail in Case Crime No. 103 of 2025, under Sections 351 (4), 308 (5), 352, 351 (2), 109, 324 (4), 61 (2) BNS and Section 3/25 Arms Act, Police Station Shahpur, District Gorakhpur. 4. 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 14.03.2025. It is submitted that similarly placed co-accused, Nitin Kumar Mishra, has already been enlarged on bail of by coordinate Bench of this Court by order dated 18.04.2025 passed in Criminal Misc. Bail Application No. 12744 of 2025, copy of the bail order produced by learned counsel for the applicant is taken on record. He further submitted that since the role of the applicant is identical to that of co-accused, Nitin Kumar Mishra, who has already been enlarged on bail, he is also entitled to be enlarged on bail on the ground of parity. He has no criminal antecedent 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. 5. Learned AGA has vehemently opposed the prayer for bail. 6. 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. 7. Accordingly, the bail application is allowed. 8. Let the accused-applicant, Shubham Srivastava 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. 9. 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. 10. 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 :- 8.5.2025 v.k.updh. Digitally signed by :- VINOD KUMAR UPADHYAY High Court of Judicature at Allahabad