Research › Search › Judgment

Allahabad High Court · body

2026 DAILYLAW 692 (ALL)

SHIVAM v. STATE OF U.P. AND 3 OTHERS

BAIL/4251/2026 · 2026-04-08

Krishan Pahal

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 4251 of 2026 Court No. - 65 (Sr. No.266 out of 266) HON'BLE KRISHAN PAHAL, J. 1. List has been revised. Leaned A.G.A. has informed that the notice to the informant has been served on 02.02.2026. 2. Heard Sri Devendra Mani Tripathi, learned counsel for the applicant, Ms. Shweta Singh, learned counsel for High Court Legal Service Committee, Sri V.K.S. Parmar, learned A.G.A. for the State and perused the material placed on record. Learned counsel for the informant is not present. 3. Applicant seeks bail in Case Crime No.516 of 2026, under Sections 137(2), 123, 333, 115(2), 352, 351(3), 70(2) B.N.S., and Section 5/6 POCSO Act, Police Station Bhojpur, District Moradabad, during the pendency of trial. 4. Learned counsel for the applicant submits that the Criminal Misc. Short Term Bail (Parole) Application No.4 of 2026 may be dismissed as not pressed. 5. The same is dismissed as not pressed. 6. Learned counsel for the applicant submits that similarly placed co- accused, Ravi, has been granted bail by this Court vide order dated 25.03.2026 in Criminal Misc. Bail Application No.6497 of 2026, hence, the applicant, having an identical role and no criminal history, is entitled to bail Versus Counsel for Applicant(s) : Deepak Kumar Srivastava, Deepanshi Srivastava, Devendra Mani Tripathi, Manjeet Kumar Counsel for Opposite Party(s) : G.A., Harish Chandra, Shweta Singh Shivam .....Applicant(s) State Of U.P. And 3 Others .....Opposite Party(s) on parity. He is in jail since 20.11.2025 and will not misuse the liberty of bail. 7. The prayer for bail has been vehemently opposed by learned A.G.A. However, the aforesaid factual aspect of the parity to the co-accused has not been disputed by him. 8. Considering the facts and circumstances of the case and in light of the judgement passed by this Court in Nanha S/o Nabhan Kha vs. State of U.P., 1993 Crl.L.J. 938 and the judgements passed by the Supreme Court in Paras Ram Vishnoi vs. The Director, Central Bureau of Investigation, MANU/SCOR/22410/2021 and in Satender Kumar Antil vs. Central Bureau of Investigation and Another, (2022) 10 SCC 51, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed on the ground of parity. 9. Let the applicant- Shivam, be released on bail on furnishing a personal bond and two sureties to the satisfaction of the court concerned, subject to verification of sureties, with the conditions that he shall not tamper with evidence or intimidate witnesses and shall appear before the trial court as required. 10. Breach of any condition shall entail cancellation of bail. The observations herein shall not affect the trial on merits. April 9, 2026 (Ravi Kant) BAIL No. 4251 of 2026 2 (Krishan Pahal,J.) Digitally signed by :- RAVI KANT High Court of Judicature at Allahabad Digitally signed by :- RAVI KANT High Court of Judicature at Allahabad