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2025 DAILYLAW 68493 (ALL)

SHIVAM KALRA v. STATE OF U.P.

BAIL/21820/2025 · 2025-08-10

Gautam Chowdhary

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:135480 Court No. - 70 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 21820 of 2025 Applicant :- Shivam Kalra Opposite Party :- State of U.P. Counsel for Applicant :- Ajay Kumar,Meraj Ahmad Khan Counsel for Opposite Party :- G.A.,Sanjeev Kumar Singh Hon'ble Dr. Gautam Chowdhary,J. 1. Heard learned counsel for the applicant, Sri Sanjeev Kumar Singh, learned counsel for the first informant and 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.318 of 2025, under Sections-420, 406, 506, 467, 468, 471 IPC, Police Station- Majhola, District-Moradabad, during the pendency of the trial. 3. Contention of learned counsel for the applicant is that allegation of forged transaction and taking money is against the father of the applicant, Lukky Kalra and no money was transferred in the account of the applicant, therefore, he has been falsely implicated. He further submits that the brother of the applicant namely, Tanishk Kalra, whose case is similar to that of the present accused has already been enlarged on bail by co-ordinate Bench of this Court vide order dated 03.07.2025 passed in Criminal Misc. Bail Application No. 22147 of 2025, copy of which order has been produced before this Court and is taken on record. It is thus contended that the applicant is also entitled for bail on the ground of parity. It is further submitted that 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 20.05.2025. In case, he is granted bail, he will not misuse the liberty of bail and would cooperate in the trial proceedings. 4. Learned counsel for the first informant and learned A.G.A. have opposed the prayer for bail but could not dispute the aforesaid facts. 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- Shivam Kalra 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. Order Date :- 11.8.2025 S.Ali Digitally signed by :- SHAUKAT ALI High Court of Judicature at Allahabad