Shivam Singh vs State of U.P. and 2 Others — Allahabad HC (2025) — LawSathi Research

Shivam Singh vs State of U.P. and 2 Others — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Applicant Shivam Singh to be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned, sureties to be verified before release order, subject to conditions: (i) not tamper with evidence during trial; (ii) not pressurise/intimidate prosecution witnesses; (iii) appear before the trial court on dates fixed; breach of any condition to be a ground for cancellation of bail.

Issue for consideration

Whether the applicant, whose role is stated to be identical to that of co-accused Abhishek @ Abhishek Singh already enlarged on bail, is entitled to be enlarged on bail on the ground of parity.

Court's answer

Considering the facts and circumstances, submissions of counsel, evidence on record, pending trial, and in light of Nanha (1993 Crl.L.J. 938), Paras Ram Vishnoi (MANU/SCOR/22410/2021) and Satender Kumar Antil (2022 SCC OnLine SC 825), and without expressing any opinion on the merits, the applicant has made out a case for grant of bail on the ground of parity; the bail application is allowed on the ground of parity.

Key takeaways

Observations made in granting bail shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of witnesses.obiter¶21

Detailed headnote1 paragraphs

ALLAHABAD HIGH COURT (Krishan Pahal, J.) — Criminal Misc. Bail Application No. 29905 of 2025, decided September 9, 2025 (Shivam Singh v. State of U.P. & 2 Others): Bail ALLOWED on the ground of parity in Case Crime No. 18 of 2025 under Sections 309(6), 317(2) and 111(1) B.N.S., P.S. Araniya, District Bulandshahr, during pendency of trial. Applicant's role stated to be identical to that of co-accused Abhishek @ Abhishek Singh, already enlarged on bail by this Court vide order dated 24.7.2025 in Criminal Misc. Bail Application No. 22161 of 2025; no criminal history; in custody since 19.01.2025. Counsel also urged absence of test identification parade as per Section 7 of Bharatiya Sakshya Adhiniyam (argument of counsel, not adjudicated). Decision reached in light of Nanha S/o Nabhan Kha v. State of U.P., 1993 Crl.L.J. 938, Paras Ram Vishnoi v. The Director, CBI, MANU/SCOR/22410/2021, and Satender Kumar Antil v. CBI, 2022 SCC OnLine SC 825, without expressing opinion on merits. Release on personal bond and two sureties each in like amount, with conditions against tampering with evidence, intimidation of witnesses, and requiring appearance before trial court; breach a ground for cancellation; observations not to affect trial Judge's independent opinion.

HIGH COURT OF JUDICATURE AT ALLAHABAD

CRIMINAL MISC. BAIL APPLICATION No. - 29905 of 2025

Shivam Singh

.....Applicant(s)

Versus State Of U.P. And 2 Others .....Opposite Party(s) Counsel for Applicant(s) : Priyanka Sharma Counsel for Opposite Party(s) : G.A.

Court No. - 65

HON'BLE KRISHAN PAHAL, J.

List has been revised.

Heard Ms. Priyanka Sharma, learned counsel for the applicant, Sri Ashutosh Srivastava, learned A.G.A. for the State and perused the material placed on record.

Applicant seeks bail in Case Crime No.18 of 2025, under Sections 309(6), 317(2) and 111(1) B.N.S., Police Station Araniya, District Bulandshahr, during the pendency of trial.

Learned counsel for the applicant has stated that there is no test identification parade conducted as per Section 7 of Bharatiya Sakshya Adhiniyam. The similarly placed co-accused person Abhishek @ Abhishek Singh has already been enlarged on bail by this Court vide order dated 24.7.2025 passed in Criminal Misc. Bail Application No.22161 of 2025, as such, since the role of the applicant is identical to that of co-accused, who has already been enlarged on bail, he is also entitled to be enlarged on bail on the ground of parity. There is no criminal history of the applicant. He is languishing in jail since 19.01.2025. In case, the applicant is released on bail, he will not misuse the liberty of bail.

The prayer for bail has been vehemently opposed by learned A.G.A. However, the aforesaid factual aspect of the parity to the co-accused has not been disputed by him.

BAIL No. 29905 of 2025

2

Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, pending trial and in light of the judgement passed by this Court in Nanha S/o Nabhan Kha vs. State of U.P., 1993 Crl.L.J. 938 and the judgements passed by the Supreme Court in Paras Ram Vishnoi vs. The Director, Central Bureau of Investigation, MANU/SCOR/22410/2021 and in Satender Kumar Antil vs. Central Bureau of Investigationa and Another, 2022 SCC OnLine SC 825 , and without expressing any opinion on the merits of the case, this Court is of the view that the applicant has made out a case for grant of bail on the ground of parity. The bail application is allowed on the ground of parity.

Let the applicant- Shivam Singh , who is involved in aforementioned case 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 subject to following conditions. Further, before issuing the release order, the sureties be verified.

(i) The applicant shall not tamper with evidence during trial.

(ii) The applicant shall not pressurise/intimidate with the prosecution witnesses.

(iii) The applicant shall appear before the trial court on the date fixed.

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

It is made clear that observations made in granting bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses.

(Krishan Pahal,J.)

September 9, 2025

(Ravi Kant)

Digitally signed by :- RAVI KANT High Court of Judicature at Allahabad