Allowed

Shivam Kumar v. State of U.P.

Allahabad HC6 Apr 2025BAIL/11287/2025

Case brief

AI extract

What is this about?

Allahabad HC bail granted 07.04.2025 to Shivam Kumar, CMBAP 11287/2025, judge Sameer Jain; double murder, Sections 302/34 IPC, FIR/Crime No. 76 of 2024, PS Bakewar, Fatehpur; two eyewitnesses described as chance witnesses, witness Salim's statement prima facie doubtful per prior bail order for co-accused Pankaj (paper book p.167); no criminal history; in custody since 02.07.2024 (8+ months); bail

What did the court decide?

Release of applicant Shivam Kumar on bail in Case Crime No. 76 of 2024 (Sections 302, 34 IPC, PS Bakewar, District Fatehpur) on furnishing a personal bond and two sureties each in the like amount to t

Shivam Kumar Vs State of U.P. — Murder and Culpable Homicide | Allahabad HC (2025)

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Neutral Citation No. - 2025:AHC:49530

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Court No. - 66

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11287 of 2025

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Applicant :- Shivam Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Kunwar Bhaskar Parihar,Vikas Sharma Counsel for Opposite Party :- G.A.

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Hon'ble Sameer Jain,J.

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Heard Sri Vikas Sharma, learned counsel for the applicant and Sri Jhamman Ram, learned AGA for the State-respondent.

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The instant application has been filed seeking release of the applicant on bail in Case Crime No. 76 of 2024, under Sections 302, 34 IPC, Police Station Bakewar, District Fatehpur, during pendency of the trial in the court below.

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Learned counsel for the applicant submitted that however, it is a case of double murder and there are also two eye witnesses but after considering the facts in detail, co-accused Pankaj has been released on bail by this Court and his bail order has been annexed at page 167 of the paper book.

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It is further submitted that from the bail granting order of the coaccused it reflects that while granting bail to him this Court observed that prima facie, statements of eye witnesses appear to be doubtful.

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He further submitted that considering the observation made by this Court in the bail granting order of co-accused Pankaj, applicant is also entitled to be released on bail.

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He further submitted that applicant is having no criminal history and he is in jail in the present matter since 2.7.2024, i.e. for last more than 8 months.

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Per contra, learned AGA opposed the prayer for bail but could not dispute the arguments on facts advanced by learned counsel for the applicant.

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I have heard learned counsel for the parties and perused the

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record of the case.

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However, it is a case of double murder and there are also two eye witnesses but with a detailed order, co-accused Pankaj has been released on bail by this Court and from the bail granting order of the co-accused passed by this Court, it reflects while granting bail, this Court observed that both the eye witnesses were chance witnesses and statement of eye witness Salim, prima facie, appears to be doubtful.

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Further, applicant is having no criminal history and he is in jail in the present matter since 2.7.2024, i.e. for last more than 8 months.

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Therefore, considering the facts and circumstances of the case, discussed above, in my view, applicant is entitled to be released on bail.

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Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed .

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Let the applicant- Shivam Kumar, 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:-

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(i) The applicant shall appear before the trial court on the dates fixed, unless his personal presence is exempted.

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(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.

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(iii) The applicant shall not indulge in any criminal and anti-social activity.

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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.

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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.

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Order Date :- 7.4.2025/Ankita

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Digitally signed by :- ANKITA SRIVASTAVA High Court of Judicature at Allahabad

Shivam Kumar v. State of U.P.

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Shivam Kumar v. State of U.P.

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