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2025 DAILYLAW 81061 (ALL)

NEERAJ ALIAS SHIVNANDAN v. STATE OF U.P.

BAIL/27264/2025 · 2025-09-11

Ashutosh Srivastava

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 27264 of 2025 Court No. - 66 HON'BLE ASHUTOSH SRIVASTAVA, J. List revised. None appears on behalf of the first informant to press the present bail application. Heard Sri Arvind Kumar Maurya, learned counsel for the applicant, Sri Purshottam Maurya, learned AGA for the State-respondents 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. 5 of 2025, under Sections 103, 191(2), 115(2), 352, 351(2), 333, 3(5) of the Bharatiya Nyaya Sanhita, 2023 , Police Station Amritpur, District Farrukhabad. 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 06.07.2025. Learned counsel for the applicant submits that similarly circumstanced co-accused, Ram Sewak has already been enlarged on bail by the Co-ordinate Bench of this Court on 01.09.2025 in Criminal Misc. Bail Application No. 24910 of 2025. He further submits that the applicant 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. Per contra learned A.G.A. has opposed the prayer for bail of the applicant, but could not dispute the aforesaid fact. Considering all above facts and circumstances, the nature of accusations, Versus Counsel for Applicant(s) : Arvind Kumar Maurya, Om Prakash Verma Counsel for Opposite Party(s) : G.A., J Shubham, Jitendra Kumar Mishra Neeraj Alias Shivnandan .....Applicant(s) State of U.P. .....Opposite Party(s) 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, Neeraj Alias Shivnandan, 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. September 12, 2025 pks BAIL No. 27264 of 2025 2 (Ashutosh Srivastava,J.) Digitally signed by :- PAWAN KUMAR SINGH High Court of Judicature at Allahabad