Shivam Alias Babua Vs State of U.P.

Neutral Citation No. - 2025:AHC:103765

Court No. - 68

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17460 of 2025

Applicant :- Shivam Alias Babua Opposite Party :- State of U.P. Counsel for Applicant :- Gaytri Rajput,Indra Pal Singh Rajpoot Counsel for Opposite Party :- G.A.

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Hon'ble Arun Kumar Singh Deshwal,J.

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Supplementary affidavit filed by the applicant is taken on record.

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Heard Sri Indra Pal Singh Rajpoot, learned counsel for the applicant, learned A.G.A. and perused the record.

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The instant application has been filed to enlarge the applicant on bail in case crime No.21 of 2025, under Sections 309(4), 352, 125(a), 3(5), 317(2) of B.N.S., P.S. Charkhari, District Mahoba.

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Submission of learned counsel for the applicant is that the applicant is innocent and has been falsely implicated in the present case. It is further submitted that co-accused Shivam @ Shibbu and Vikas @ Vikki have already been granted bail by co-ordinate Benches of this Court vide orders dated 12.05.2025 and 14.05.2025 passed in Criminal Misc. Bail Application Nos.10550 of 2025 and 16243 of 2025. Therefore, the applicant is also entitled to be released on bail on the ground of parity with the co-accused. Criminal history of the applicant has been explained in the affidavit accompanied with bail application. The applicant is a law abiding citizen and he is languishing in jail since 01.03.2025. In case, he is granted bail, he will not misuse the liberty of bail and would cooperate in the trial proceedings.

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On the other hand, learned A.G.A. for the State opposed the prayer for bail, but he could not dispute the aforesaid fact.

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Thus, considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and keeping in view the nature of offence, evidence, complicity of accused and without expressing any opinion on the merits of the case, I am of the opinion that the applicant is entitled to be enlarged on

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bail.

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Let the applicant- Shivam Alias Babua , involved in the aforementioned crime be released on bail, on his 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 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.

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ii. The applicant shall cooperate in the trial/investigation sincerely without seeking any adjournment.

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iii. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.

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iv. The applicant shall attend in accordance with the conditions of the bond executed by him.

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