Shiv Shankar @ Raja Babu vs State of U.P. — Bail and Remand | Allahabad HC (2025)

Shiv Shankar @ Raja Babu vs State of U.P. — Bail and Remand | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Release of Shiv Shankar @ Raja Babu on bail upon executing a personal bond and two reliable sureties each, to the satisfaction of the court concerned, subject to conditions of non-tampering with evidence, abstention from criminal activity, non-pressurization/intimidation of prosecution witnesses, co-operation in the trial and regular appearance before the trial court; breach entitles the court below to cancel bail.

Issue for consideration

Whether the accused-applicant, Shiv Shankar @ Raja Babu, in custody since 11.01.2025 in Case Crime No. 09 of 2025 (Sections 352, 109(1) BNS 2023 and Section 4/25 Arms Act, P.S. Karchhana, District Prayagraj), should be enlarged on bail.

Court's answer

Without commenting on the merits, considering the nature of accusations, severity of punishment in case of conviction, nature of supporting evidence, reasonable apprehension of tampering with witnesses and the prima facie case, a case for bail is made out.

Ratio / Principle

The bail application is allowed and the accused-applicant is to be released on bail on executing a personal bond and two reliable sureties each, in the like amount, to the satisfaction of the court concerned.

Key takeaways

Release on bail is subject to conditions: the applicant shall not tamper with evidence, shall not indulge in criminal activity, shall not pressurize/intimidate prosecution witnesses and shall co-operate in the trial and appear regularly on each date fixed by the trial court; in the event of breach of any condition, the court below is at liberty to cancel his bail.ratio¶17

Detailed headnote1 paragraphs

Bail granted (Allahabad High Court, Ashutosh Srivastava, J., order dated 7.4.2025): Criminal Misc. Bail Application No. 11229 of 2025 under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 by Shiv Shankar @ Raja Babu, accused in Case Crime No. 09 of 2025 under Sections 352, 109(1) of the Bharatiya Nyaya Sanhita, 2023 and Section 4/25 of Arms Act, P.S. Karchhana, District Prayagraj, in custody since 11.01.2025. Without commenting on merits, and considering the nature of accusations, severity of punishment, supporting evidence, apprehension of witness tampering and prima facie case, bail allowed on personal bond and two reliable sureties each, with conditions (no tampering with evidence, no criminal activity, no pressurizing/intimidating prosecution witnesses, co-operation in trial, regular attendance before trial court); breach permits the court below to cancel bail.

Neutral Citation No. - 2025:AHC:49553

Court No. - 68

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11229 of 2025

Applicant :- Shiv Shankar @ Raja Babu Opposite Party :- State of U.P. Counsel for Applicant :- Dhani Ram Pal,Janardan Prasad Patel,Suresh Kumar Counsel for Opposite Party :- G.A.

Hon'ble Ashutosh Srivastava,J.

Heard learned counsel for the applicant, Sri Ashok Kumar Rai, learned AGA for the State-respondents and perused the record.

This bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been moved on behalf of accusedapplicant, Shiv Shankar @ Raja Babu, seeking enlargement on bail in Case Crime No. 09 of 2025, under Sections 352, 109(1) of the Bharatiya Nyaya Sanhita, 2023 and Section 4/25 of Arms Act, Police Station- Karchhana, District- Prayagraj.

Learned counsel for the applicant argued that the accusedapplicant is innocent. He has been falsely implicated in this very case crime number and is languishing in jail since 11.01.2025. Learned counsel for the applicant submits that as per the medical examination report, injuries sustained by the injured are simple in nature. Alleged recovery of knife from possession of the applicant is false and fabricated. 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. Hence, bail has been prayed for.

Learned AGA has vehemently opposed the prayer for bail.

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.

Accordingly, the bail application is allowed .

Let the accused-applicant, Shiv Shankar @ Raja Babu , 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:

The applicant will not tamper with the evidence.

The applicant will not indulge in any criminal activity.

The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial.

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.

In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail.

Order Date :- 7.4.2025 Anjali

Digitally signed by :- ANJALI SHARMA High Court of Judicature at Allahabad