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2025 DAILYLAW 75555 (ALL)

SHIVSHANKAR KORI v. STATE OF U.P.

BAIL/26332/2025 · 2025-07-30

Avnish Saxena

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:128337 Court No. - 87 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 26332 of 2025 Applicant :- Shivshankar Kori Opposite Party :- State of U.P. Counsel for Applicant :- Arun Kumar Shukla,Ram Saumitra Tripathi Counsel for Opposite Party :- G.A. Hon'ble Avnish Saxena,J. 1. Heard Sri Pulak Ganguly, holding brief of learned counsel for the applicant, learned A.G.A. for the State and perused the record. 2. The present bail application has been moved by the applicant- accused-Shivshankar Kori for the offence punishable under Sections 137(2) and 139(1) of B.N.S., in Case Crime No. 32 of 2025, Police Station-Khaga, District-Fatehpur. 3. Learned counsel for the applicant submits that the F.I.R. has been registered against anonymous person by the father of the kidnapped 6 years' son, with the allegation that son his was taken away from the lawful custody on 29th January, 2025. The recovery of the kidnapped boy was made on 30th January, 2025 from two persons. In the statement of co-accused, the name of present accused-applicant came into picture. Co-accused, Gudiya has already been granted bail by coordinate Bench of this Court. Charge-sheet is submitted. The accused is in jail since February, 2025. As such, he prays that the accused/applicant be enlarged on bail. 4. Per contra, learned AGA opposes the bail and submits that the accused is involved in heinous crime of kidnapping of child and he does not deserve to be enlarged on bail. 5. This Court has taken into consideration the rival submissions made by the parties and perused the record. 6. The perusal of the records, prima facie, reveals that the F.I.R. has been registered against anonymous person by the father of the kidnapped 6 years' boy, who was taken away from his lawful custody on 29th January, 2025. The recovery of the kidnapped boy was made on 30th January, 2025 from two persons, out of whom one was granted bail. It is the statement of co-accused in which name of present accused-applicant came into picture. The statement of kidnapped, prima facie, does not reflect that he is kidnapped for begging. Charge-sheet is submitted. The accused is in jail since February, 2025. 7. Without touching the merit of the case, this bail application is allowed. 8. Let the accused applicant-Shivshankar Kori be enlarged on bail subject to furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned. Order Date :- 31.7.2025 MN/- (Avnish Saxena,J.) Digitally signed by :- MAHENDRA NATH High Court of Judicature at Allahabad Digitally signed by :- MAHENDRA NATH High Court of Judicature at Allahabad