Shiv Kumar Alias Sadhu Vs State of U.P.

Neutral Citation No. - 2025:AHC:97960

Court No. - 66

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 16420 of 2025

Applicant :- Shiv Kumar Alias Sadhu Opposite Party :- State of U.P. Counsel for Applicant :- Mehdi Abbas,Tipu Sultan Counsel for Opposite Party :- G.A.

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Hon'ble Saurabh Srivastava,J.

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The instant bail application under Section 483 of B.N.S.S. has been filed on behalf of applicant for bail in Case Crime No.178 of 2025, under Sections 318(4), 310(2), 352, 317(3), 3(5) of B.N.S., Police Station Meja, District Prayagraj.

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Learned counsel appearing on behalf of the applicant has submitted that the applicant is innocent person and has not committed any offence as alleged in the FIR. He has been falsely implicated in this case. Recovery of Rs.3,700/-/- in cash, an android mobile phone have been shown by the police from the possession of the applicant. It is further submitted that similarly placed co-accused, Monu @ Manish Kumar and Jagdeesh Kumar have already been granted bail by this Court vide order dated 20.05.2025 passed in Criminal Misc. Bail Application No.15363 of 2025 and vide order dated 26.05.2025 passed in Criminal Misc. Bail Application No.18073 of 2025, respectively, and, therefore, the applicant is also entitled to be released on bail on the ground of parity. The applicant is languishing in jail since 12.04.2025. It is also undertaken on behalf of the applicant that he shall abide by all terms and conditions as imposed by the Court while granting bail.

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Per contra, learned counsel appearing on behalf of the State has vehemently opposed the instant bail application but he could not dispute the aforesaid facts as stated by the learned counsel appearing on behalf of applicant.

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Heard learned counsel for the applicant, learned AGA and perused the material available on record.

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Taking into consideration the aforesaid reasons as stated above and the fact that similarly placed co-accused, Monu @ Manish Kumar and Jagdeesh Kumar have already been granted bail by this

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Court, without expressing any opinion on the merit of the case, I am inclined to grant bail to the applicant. Accordingly, the bail application is allowed.

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Let the applicant - Shiv Kumar Alias Sadhu , who is involved in the aforementioned case crime be released on bail on his furnishing a personal bond of Rs.50,000/- (Rupees Fifty thousand) and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified.

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(i). The applicant shall not tamper with the evidence.

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(ii) The applicant shall remain present, in person, before the trial court on dates fixed for (1) opening of the case, (2) framing of charge and (3) recording of statement under Section 313 Cr.P.C./351 B.N.S.S. If in the opinion of the Trial Court absence of the applicant is deliberate of without sufficient cause, then it shall be open for the Trial Court to treat such default as abuse of liberty of bail and proceed against him in accordance with law.

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In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.

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Order Date :- 18.6.2025 Shahroz

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Digitally signed by :- SHAHROJ ALAM High Court of Judicature at Allahabad

Shiv Kumar Alias Sadhu v. State of U.P.

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