Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 91459 (ALL)

SHIV SINGH v. STATE OF U.P.

BAIL/30273/2025 · 2025-09-10

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. - 30273 of 2025 Court No. - 66 HON'BLE ASHUTOSH SRIVASTAVA, J. 1. Sri Aushim Luthra and Harish Chandra Yadav, Advocates, has filed their Vakalatnama on behalf of informant, which is taken on record. 2. Heard Sri Bharat Sing, learned counsel for the applicant, Sri Aushim Luthra, learned counsel for the first informant, Shri Yagyavalk Pandey, learned AGA for the State-respondents and perused the record. 3. This bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been moved on behalf of accused-applicant, Shiv Singh , seeking enlargement on bail in Case Crime No. 76 of 2025, under Sections 3 (5), 191 (2), 191 (3), 115 (2), 352, 351 (3), 103 (1), 109 (1), 117 (2) BNS, Police Station- Kurhfatehgarh, District- Sambhal. 4. 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 25.07.2025. It is submitted that similarly placed co-accused, Durgpal has already been enlarged on bail of by coordinate Bench of this Court by order dated 09.09.2025 passed in Criminal Misc. Bail Application No.30732 of 2025, copy of the bail order produced by learned counsel for the applicant is taken on record. He further submitted that since the role of the applicant is identical to that of co-accused, Durgpal, who has already been enlarged on bail, he is also entitled to be enlarged on bail on the ground of parity. He has criminal antecedent of one case, which has been explained in para 47 of the affidavit filed in support of the bail application and there is no likelihood Versus Counsel for Applicant(s) : Bharat Singh Counsel for Opposite Party(s) : G.A. Shiv Singh .....Applicant(s) State of U.P. .....Opposite Party(s) of his fleeing from course of justice or tampering with evidence in case of release on bail. Hence, bail has been prayed for. 5. Learned AGA as well as learned counsel for the first informant have vehemently opposed the prayer for bail. 6. 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. 7. Accordingly, the bail application is allowed. 8. Let the accused-applicant, Shiv 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: i. The applicant will not tamper with the evidence. ii. The applicant will not indulge in any criminal activity. iii. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial. iv. 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. 9. 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 11, 2025 v.k.updh. BAIL No. 30273 of 2025 2 (Ashutosh Srivastava,J.) Digitally signed by :- VINOD KUMAR UPADHYAY High Court of Judicature at Allahabad