Shiv Kumar Vs State of U.P.

HIGH COURT OF JUDICATURE AT ALLAHABAD

CRIMINAL MISC. BAIL APPLICATION No. - 27579 of 2025

Shiv Kumar

	Versus	.....Applicant(s)
State of U.P.		.....Opposite Party(s)
Counsel for Applicant(s)	: Akhilesh Kumar,	Narendra Kumar
Counsel for Opposite Party(s)	: G.A.

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Court No. - 87

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HON'BLE SANTOSH RAI, J.

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Heard learned counsel for the applicant; learned AGA for the State and perused the material placed on record.

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The instant bail application has been filed on behalf of the applicant Shiv Kumar with a prayer to release him on bail in Case Crime No.111 of 2025, under Sections 118(1), 109, 352, 351(3), 3(5) B.N.S. and Section 4/25 Arms Act, Police Station Sarpataha, District Jaunpur, during pendency of trial.

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Learned counsel for the applicant has submitted that no specific role has been assigned to the applicant in the first information report and in the statement of the injured. He further submitted that main involvement of Golu regarding committing sharp edged weapon on the injured has been mentioned. He further submitted that first information report has been lodged under Sections 118(1),352 and 351(3) I.P.C. but chargesheet has been submitted under Sections 118(1), 109, 352, 351(3), 3(5) B.N.S. and Section 4/25 Arms Act. It is further submitted that recovery of knife has been shown from the possession of the applicant but no independent witness has been examined by the Investigating Officer during the course of recovery. Lastly, it is submitted that co-accused Shivam Gautam has already been granted bail by co-ordinate Bench of this Court passed in Criminal Misc. Bail Application No.25923 of 2025. The applicant has no criminal history to his credit and is languishing in jail since 19.05.2025. In case, the applicant is released on bail, he will not misuse the liberty of bail.

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Per contra learned A.G.A. has opposed the prayer for bail of the applicant

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BAIL No. 27579 of 2025

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by contending that the innocence of the applicant cannot be adjudged at pre trial stage, therefore, he does not deserve any indulgence. In case the applicant is released on bail he will again indulge in similar activities and will misuse the liberty of bail.

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Having considered the submissions of the parties noted above, finding force in the submissions made by the learned counsel for the applicant; keeping in view uncertainty regarding conclusion of trial; one sided investigation by police, ignoring the case of accused side; applicant being under-trial having fundamental right to speedy trial; larger mandate of the Article 21 of the Constitution of India, bail application is allowed.

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Considering the dictum of Apex Court in the case of Manish Sisodia Vs. Directorate of Enforcement, 2024 LawSuit (SC) 677, considering 5-6 times overcrowding in jails over and above their capacity by under trials and without expressing any opinion on the merits of the case, let the applicant involved in the aforesaid 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 that :-

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

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(ii) 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.

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(iii) The applicant shall remain present before the Trial Court on each date fixed, either personally or as directed by the Court. In case of his absence, without sufficient cause, the Trial Court may proceed against him under Section 229-A I.P.C./269 B.N.S.

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(iv) In case the applicant misuse the liberty of bail during trial and in order to secure his presence, proclamation under Section 82 Cr.P.C./84 B.N.S.S. is issued and the applicants fail to appear before the Court on the date fixed in such proclamation then the Trial Court shall initiate proceedings against him

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BAIL No. 27579 of 2025

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in accordance with law under Section 174-A I.P.C./209. B.N.S.

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(v) The applicant shall remain present in person before the Trial Court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) 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 or 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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