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2025 DAILYLAW 69060 (ALL)

SHIV BABU MAURYA ALIAS SHIVA v. STATE OF U.P.

BAIL/22514/2025 · 2025-06-30

Arun Kumar Singh Deshwal

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:101275 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 22514 of 2025 Applicant :- Shiv Babu Maurya Alias Shiva Opposite Party :- State of U.P. Counsel for Applicant :- Mohd. Abrar Khan Counsel for Opposite Party :- G.A. Hon'ble Arun Kumar Singh Deshwal,J. 1. Heard Sri Mohd. Abrar Khan, learned counsel for the applicant, Sri Rajeev Kumar Singh, 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 during the trial in Case Crime No. 121 of 2025, under Sections 140(2), 140(3), 351(3), 3(5) B.N.S., Police Station Saini, District Kaushambi. 3. Contention of learned counsel for the applicant is that the applicant is innocent and he has been falsely implicated in the instant case. He next added that the applicant is not named in the F.I.R. and his name came into light during investigation. Only allegation against the applicant is that he provided car to the co- accused, Amit Kumar, who was shown to be involved in the kidnapping of victim. He further contended that identically situated co-accused persons namely Amit Kumar and Guddu Kumar have already been granted bail by a co-ordinate Bench of this Court in Criminal Misc. Bail Application Nos.20519 of 2025 and 20532 of 2025 vide orders dated 20.06.2025 and 20.06.2025. He is seeking parity of the order aforesaid. He argued that charge sheet has been filed in the instant matter and there is no possibility of his fleeing away from investigation proceedings and tampering with the evidence. He also added that there is no previous criminal antecedent of the applicant which has been mentioned in para 23 of the bail application. The applicant is a law abiding citizen and he is languishing in jail since 26.05.2025. In case, he is granted bail, he will not misuse the liberty of bail and would cooperate in the trial proceedings. 4. On the other hand, learned A.G.A. for the State opposed the prayer for bail but could not dispute the aforesaid facts. 5. Thus, 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- Shiv Babu Maurya Alias Shiva 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 :- 1.7.2025 Ruhi H. Digitally signed by :- RUHI HASAN High Court of Judicature at Allahabad