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2025 DAILYLAW 88397 (ALL)

SHUBHAM SINGH @ SARVASHAKTI SINGH v. STATE OF U.P.

BAIL/29859/2025 · 2025-09-16

Ashutosh Srivastava

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 29859 of 2025 Court No. - 66 HON'BLE ASHUTOSH SRIVASTAVA, J. 1. Heard Shri Ashish Kumar Srivastave, learned counsel for the applicant, Sri Vijendra Kumar, learned AGA for the State-respondents and perused the record. 2. This bail application under Section 483 BNS has been moved on behalf of accused-applicant, Shubham Singh @ Sarvashakti Singh, seeking enlargement on bail in Case Crime No. 0046 of 2025, under Sections 103 (1), 61 (2) (a) BNS, Police Station Khiri, District Yamuna Nagar (Commissionerate Prayagraj). 3. Learned counsel for the applicant argued that the accused-applicant is innocent. He has been falsely implicated in this case crime number and is languishing in jail since 16.04.2025. He 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. 4. Learned counsel for the applicant submits that the applicant is not named in the FIR, nor the informant has stated against the applicant in his statement recorded by the investigating officer and his name has surfaced during course of investigation in the statement of eyewitness Hinchlal. The role of firing has not been assigned to the applicant. The role of firing has been assigned to named accused Balveer Singh and the applicant has no concern with the alleged incident. The prosecution version is vague and mala-fide and the applicant has been falsely implicated by the first informant. The story of prosecution against the Versus Counsel for Applicant(s) : Ashish Kumar Srivastava Counsel for Opposite Party(s) : G.A. Shubham Singh @ Sarvashakti Singh .....Applicant(s) State of U.P. .....Opposite Party(s) applicant in hatching criminal conspiracy is absolutely false. Hence, bail has been prayed for. 5. 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. 6. Accordingly, the bail application is allowed. 7. Let the accused-applicant, Shubham Singh @ Sarvashakti 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. 8. 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 17, 2025 v.k.updh. BAIL No. 29859 of 2025 2 (Ashutosh Srivastava,J.) Digitally signed by :- VINOD KUMAR UPADHYAY High Court of Judicature at Allahabad