HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 31935 of 2025 Court No. - 82 HON'BLE SAMEER JAIN, J. 1. Heard Sri Anand Pati Tiwari, learned counsel for the applicant and Sri Imran Khan, learned AGA, for the State. 2. The instant bail application has been filed on behalf of the applicant with the prayer to release him on bail in Case Crime No.196 of 2020, under Sections 147,148,149,353 and 307 IPC and Section 7 Criminal Law Amendment Act, Police Station Kotwali Auraiya, District Auraiya during pendency of the trial. 3. Learned counsel for the applicant submits that applicant was not named in the FIR and during investigation on the basis of false allegation he has been roped in the present matter. He next submits, even it is a case of no injury. 4. He further submits that applicant filed Criminal Misc.Anticipatory Bail Application No. 4545 of 2020 before this Court and vide order dated 31.7.2020 he was enlarged on anticipatory bail during investigation and when charge sheet was submitted then he again preferred Criminal Misc.Anticipatory Bail Application No. 10123 of 2021 before this Court and this Court on 1.6.2021 was pleased to pass the order that applicant shall not be arrested but unfortunately on 26.11.2024 his anticipatory bail application has been dismissed for non-prosecution and thereafter although summons were issued to the applicant but unfortunately summons could not be served upon him. 5. He further submits that on 14.7.2025 bailable warrants were issued Versus Counsel for Applicant(s) : Anand Pati Tiwari Counsel for Opposite Party(s) : G.A. Shubham Dwivedi .....Applicant(s) State of U.P. .....Opposite Party(s) against him and thereafter on 19.7.2025, i.e., within five days non- bailable warrants have been issued and thereafter on 25.7.2025 proclamation under Section 82 Cr.P.C. has been issued and thus within ten days applicant has been declared absconder. 6. He further submits that applicant never intended to evade either process of the court or warrants. 7. He further submits that applicant is not having any previous criminal history in the present matter he is in jail since 29.7.2025, i.e., for almost two months. 8. Per contra, learned AGA although opposed the prayer for bail but could not dispute the argument on facts advanced by the learned counsel for the applicant. 9. I have heard learned counsel for the parties and perused the record of the case. 10. However, it reflects, after proclamation issued under Section 82 Cr.P.C. applicant was arrested but it also appears, within ten days proclamation has been issued against him. Considering the fact that during investigation applicant was on anticipatory bail and even after submission of the charge sheet initially he was protected, it cannot be held that he was an absconder. It appears, court concern hurriedly issued process under Section 82 Cr.P.C. against him. 11. Further, as far as merit is concerned, applicant is not named in the FIR and during investigation he was made accused on the basis of statement of co-accused and it is a case of no injury. 12. Further, applicant is not having any previous criminal history and in the present matter he is in jail in since 29.7.2025, i.e., for almost two months. 13. Therefore, considering the facts and circumstances of the case discussed above, in my view, applicant is entitled to be released on bail. 14. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. BAIL No. 31935 of 2025 2 15. Let the applicant-Shubham Dwivedi be released on bail in the aforesaid case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:- (i) The applicant shall appear before the trial court on the dates fixed, unless his personal presence is exempted. (ii) The applicant shall not directly or indirectly, make inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or any police officer or tamper with the evidence. (iii) The applicant shall not indulge in any criminal and anti-social activity. 16. In case of breach of any of the above condition, the prosecution will be at liberty to move an application before this Court for cancellation of the bail of the applicant. 17. It is clarified that the observations made herein are limited to the facts brought in by the parties pertaining to the disposal of bail application and the said observations shall have no bearing on the merits of the case during trial. September 17, 2025 SKM BAIL No. 31935 of 2025 3 (Sameer Jain,J.) Digitally signed by :- SHRAVANA KUMAR MISHRA High Court of Judicature at Allahabad