Shivam Kumar Vs State of U.P. Thru. Prin. Secy. Home Civil Sectt. Lko. — Allahabad HC (2025) — LawSathi Research

Shivam Kumar Vs State of U.P. Thru. Prin. Secy. Home Civil Sectt. Lko. — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Release of applicant Shivam Kumar on bail on furnishing a personal bond and two reliable sureties each in the like amount, to the satisfaction of the trial court, subject to conditions (i)-(vi) imposed in the interest of justice (non-tampering with evidence, non-intimidation of witnesses, no inducement/threat/promise, undertaking against adjournments when witnesses are present, presence on each date fixed personally or through counsel, and consequences under Section 229-A IPC (now Section 269 BNS), Section 82 Cr.P.C. (now Section 84 BNSS) and Section 174-A IPC (now Section 209 BNS) upon default or misuse).

Issue for consideration

Whether applicant Shivam Kumar, named in five cases in the gang chart and in custody since 24.08.2025, should be enlarged on bail in Case Crime No. 511 of 2025 under Sections 2B(ii)/3 of the U.P. Gangster Act, Police Station Gola, District-Lakhimpur Kheri.

Court's answer

On due consideration of the submissions, the record, the fact that the applicant has been granted bail in all five cases shown in the gang chart (with specific pleadings in para-3 of the affidavit), his custody since 24.08.2025, and the bail granted to co-accused Daalchandra, and without expressing any opinion on the merits of the case, the court found it a fit case for enlarging the applicant on bail.

Ratio / Principle

The applicant is to be released on bail on furnishing a personal bond and two reliable sureties each in the like amount, to the satisfaction of the trial court concerned, subject to the six conditions imposed by the court in the interest of justice.

Detailed headnote1 paragraphs

Allahabad High Court (Lucknow Bench), Court No. 12 — Criminal Misc. Bail Application No. 8803 of 2025, decided September 23, 2025 — Hon'ble Karunesh Singh Pawar, J. Allowed the bail application of Shivam Kumar, accused in Case Crime No. 511 of 2025 under Sections 2B(ii)/3 of the U.P. Gangster Act, Police Station Gola, District-Lakhimpur Kheri, expressly without expressing any opinion on the merits. Grounds relied on: (i) all five cases shown in the gang chart had already resulted in bail to the applicant, with specific pleadings to that effect in para-3 of his supporting affidavit; (ii) the applicant was in jail since 24.08.2025; and (iii) co-accused Daalchandra had been granted bail by a co-ordinate Bench of the same Court on 15.09.2025 in Criminal Misc. Bail Application No.8689 of 2025. Release ordered on a personal bond and two reliable sureties each in the like amount, subject to conditions including non-tampering with evidence, non-intimidation of prosecution witnesses, presence on each date fixed, and consequences framed by reference to Section 229-A of the Indian Penal Code (printed as 'Indian Panel Code') now Section 269 BNS, Section 82 Cr.P.C. now Section 84 BNSS, and Section 174-A now Section 209 BNS.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

CRIMINAL MISC. BAIL APPLICATION No. - 8803 of 2025

Shivam Kumar

.....Applicant(s)

Versus

State Of U.P. Thru. Prin. Secy. Home Civil Sectt. Lko. .....Opposite Party(s)

Counsel for Applicant(s) : Janendra Kumar Verma Counsel for Opposite Party(s) : G.A.

Court No. - 12

HON'BLE KARUNESH SINGH PAWAR, J.

Heard learned counsel for the applicant, learned A.G.A. for the Staterespondent and perused the record.

Learned counsel for the applicant submits that five cases have been shown in the gang chart and in all five cases the applicant has been enlarged on bail. He has made specific pleadings in this regard in para-3 of the affidavit filed in support of the bail application. Co-accused Daalchandra has been granted bail by a co-ordinate Bench of this Court vide order dated 15.09.2025 passed in Criminal Misc. Bail Application No.8689 of 2025. The applicant is in jail since 24.08.2025.

Learned A.G.A. has opposed the bail prayer.

On due consideration to the submission advanced, perusal of the record as also the fact that in all the five cases shown in the gang-chart, the applicant has been granted bail and he also made specific pleadings in this regard in para-3 of the affidavit filed in support of the bail application, the applicant is in jail since 24.08.2025, the co-accused, named above, has been granted bail and without expressing any opinion on merits of the case, I find it to be a fit case for enlarging the applicant on bail

5.Accordingly, the bail application is allowed .

Let the applicant- Shivam Kumar involved in Case Crime No. 511 of

BAIL No. 8803 of 2025

2

2025, under Sections 2B(ii)/3 of the U.P. Gangster Act, Police Station Gola, District- Lakhimpur Kheri be released on bail on his furnishing a personal bond and two reliable sureties each in the like amount to the satisfaction of the trial court concerned with the following conditions which are being imposed in the interest of justice:-

(i) The applicant will not tamper with the evidence during the trial.

(ii) The applicant will not pressurize/ intimidate the prosecution witness.

(iii) The applicant shall not directly or indirectly make any 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 to any police officer or tamper with the evidence.

(iv) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law.

(v) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Panel Code (now Section 269 of BNS).

(vi) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C. (now Section 84 BNSS) is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 174-A of the Indian Panel Code (now Section 209 BNS).

(Karunesh Singh Pawar,J.)

September 23, 2025 dk/

Digitally signed by :- DEVENDRA KUMAR High Court of Judicature at Allahabad, Lucknow Bench