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2025 DAILYLAW 72143 (ALL)

SHIV KUMAR SINGH v. STATE OF U.P. AND ANOTHER

BAIL/24989/2025 · 2025-08-04

Ashutosh Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:131714 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 24989 of 2025 Applicant :- Shiv Kumar Singh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Anand Kumar,Nilesh Kumar Dubey,Shashi Shekhar Maurya Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. Heard learned counsel for the applicant, Sri Yagvalkya 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 seeking enlargement on bail in Case Crime No. 43 of 2025, under Sections 123, 303(2), 317(2), 317(4), 317(5), 340(2), 338, 336(3), 111 of the Bharatiya Nyaya Sanhita, 2023, Police Station Rajgarh, District Mirzapur. 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 25.05.2025. Learned counsel for the applicant submits that initially the FIR has been lodged against unknown person. It is alleged that during the course of investigation, the name of applicant surfaced. It is alleged that false recovery of bonnet, Dala and Kamani of the stolen vehicle have been shown against the applicant. Till date, it has not been ascertained whether those recovered articles belong to the stolen vehicle, particulars of which has been enumerated in the FIR. It is further submitted that the co-accused Sandeep and Laxman has been nominated as prime accused who alleged to have been stolen the vehicle. It is submitted that the applicant has no criminal antecedent to his credit and there is no likelihood of his fleeing from course of justice or tampering with evidence in case of release on bail. It is further submitted that on the similar footing the co-accused, Neeraj Saroj has been granted bail by the Court vide order dated 01.08.2025 passed in Criminal Misc. Bail Application No. 23075 of 2025, therefore, the applicant is also entitled to be released 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, Shiv Kumar Singh, 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 :- 5.8.2025 pks Digitally signed by :- PAWAN KUMAR SINGH High Court of Judicature at Allahabad Digitally signed by :- PAWAN KUMAR SINGH High Court of Judicature at Allahabad