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2025 DAILYLAW 87715 (ALL)

SHIVAM KUMAR v. STATE OF U.P.

BAIL/29450/2025 · 2025-09-10

Krishan Pahal

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 29450 of 2025 Court No. - 67 HON'BLE KRISHAN PAHAL, J. 1. List has been revised. 2. Heard Sri Akhilesh Kumar, Advocate holding brief of Shri Anand Pati Tiwari, learned counsel for the applicant, Sri S. K. Shukla, learned State Law Officer for the State and perused the material placed on record. 3. Applicant seeks bail in Case Crime No. 130/2025, under Sections 137(2), 87 of BNS, P.S.- Auraiya, District- Auraiya, during the pendency of trial. 4. Learned counsel for the applicant has stated that the applicant has been falsely implicated in the present case. It is further submitted that victim is consenting party and it is also inferred from the fact that victim had taken several ornaments and Rs. 50,000/- cash at the time of her elopement and she is marginally age of 18 years. There is no specific allegations against the applicant in the statement of victim under Section 180 BNSS. There is no criminal history of the applicant. The applicant is languishing in jail since 16.06.2025 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. 5. Learned A.G.A. has vehemently opposed the bail application. 6. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, taking into consideration and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for Versus Counsel for Applicant(s) : Anand Pati Tiwari Counsel for Opposite Party(s) : G.A. Shivam Kumar .....Applicant(s) State of U.P. .....Opposite Party(s) bail. The bail application is allowed. 7. Let the applicant- Shivam Kumar, who is involved in aforementioned case 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 subject to following conditions. Further, before issuing the release order, the sureties be verified. (i) The applicant shall not tamper with evidence during trial. (ii) The applicant shall not pressurise/intimidate with the prosecution witnesses. (iii) The applicant shall appear before the trial court on the date fixed. 8. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 9. It is made clear that observations made in granting bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses. September 11, 2025 Sharad/- BAIL No. 29450 of 2025 2 (Krishan Pahal,J.) Digitally signed by :- SHARAD KUMAR SRIVASTAVA High Court of Judicature at Allahabad Digitally signed by :- SHARAD KUMAR SRIVASTAVA High Court of Judicature at Allahabad