Shiva Vs State of U.P. — Allahabad HC (2025) — LawSathi Research

Shiva Vs State of U.P. — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Applicant Shiva released on bail on furnishing a personal bond and two sureties each in the like amount, to the satisfaction of the court concerned, subject to conditions: (i) no inducement, threat or promise to dissuade disclosure or tamper with evidence; (ii) sincere cooperation in trial/investigation without seeking adjournment; (iii) no indulgence in criminal activity after release; (iv) attendance per bond conditions. Breach of any condition shall be a ground for cancellation of bail; identity, status and residence proof of applicant and sureties to be verified before bonds are accepted.

Issue for consideration

Whether, considering the entire facts and circumstances, submissions of the parties, and keeping in view the nature of offence, evidence and complicity of the accused, the applicant is entitled to be enlarged on bail. +1 more

Court's answer

In deciding the bail application, the Court considered the entire facts and circumstances, the submissions of learned counsel for the parties, the nature of the offence, the evidence and the complicity of the accused, and expressly refrained from expressing any opinion on the merits of the case.

Ratio / Principle

The applicant is entitled to be enlarged on bail on the ground of parity with co-accused Kuldeep and Monty, who had already been granted bail by the coordinate Bench of this Court for similar roles.

Detailed headnote1 paragraphs

ALLAHABAD HIGH COURT (Arun Kumar Singh Deshwal, J.) — Criminal Misc. Bail Application No. 34984 of 2025 (decided October 10, 2025): Granted bail to applicant Shiva in Case Crime No. 338 of 2025, P.S. Pilkhuwa, District Hapur, registered under Sections 191(2), 191(3), 109, 115(2), 352 and 351(3) of B.N.S. The F.I.R., lodged by the police, alleged a free fight and commotion between two parties in which both sides sustained injuries, with a general allegation against 13 persons. Counsel contended parity: co-accused Kuldeep and Monty, with similar roles, had already been granted bail by the coordinate Bench in Bail Applications No. 28848 of 2025 and 28367 of 2025; the A.G.A. opposed but could not dispute these facts; applicant in jail since 29.7.2025. Considering the nature of offence, evidence, complicity of the accused and without expressing any opinion on the merits, the Court enlarged the applicant on bail on the ground of parity, on a personal bond and two sureties each in the like amount, imposing conditions against witness-tampering, requiring cooperation in trial, abstention from crime and attendance per bond; breach of conditions to be ground for cancellation, with verification of identity, status and residence proofs before acceptance of bonds.

HIGH COURT OF JUDICATURE AT ALLAHABAD

CRIMINAL MISC. BAIL APPLICATION No. - 34984 of 2025

Shiva

Versus	.....Applicant(s)
State of U.P.	.....Opposite Party(s)
Counsel for Applicant(s)	: Vijay Pal
Counsel for Opposite Party(s)	: G.A.

Court No. - 69

HON'BLE ARUN KUMAR SINGH DESHWAL, J.

Heard Sri Vijay Pal, learned counsel for the applicant, Sri Roshan Kumar Singh, learned A.G.A. and perused the record.

The instant application has been filed to enlarge the applicant on bail in case crime No. 338 of 2025 Under Sections 191(2), 191(3), 109, 115(2), 352, 351(3) of B.N.S, Police Station - Pilkhuwa, District-Hapur

Contention of learned counsel for the applicant is that an F.I.R. was lodged by the police regarding free fight and commotion between two parties wherein both the sides received injuries. It is further submitted that some of the persons from the applicants side have also received injuries and general allegation has been made against 13 persons. It is further submitted that co-accused, namely, Kuldeep and Monty, having similar role, have already been granted bail by the coordinate Bench of this Court in Bail Applications No. 28848 of 2025 and 28367 of 2025, respectively. Therefore, the applicant is also entitled to be released on bail on the ground of parity with the co-accused persons. The applicant is languishing in jail since 29.7.2025. In case, he is granted bail, he will not misuse the liberty of bail and would cooperate in the trial proceedings.

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

Thus, considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and keeping in view the nature

BAIL No. 34984 of 2025

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of offence, evidence, complicity of accused and without expressing any opinion on the merits of the case, the Court is of the opinion that the applicant is entitled to be enlarged on bail on the ground of parity with coaccused Kuldeep and Monty.

Let the applicant- Shiva , 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:-

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.

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

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

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

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

Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.

(Arun Kumar Singh Deshwal,J.)

October 10, 2025 Vandana

Digitally signed by :- VANDANA GAUTAM High Court of Judicature at Allahabad