Allowed

Himanshu and Another v. State of U.P.

Allahabad HC17 Oct 2025BAIL/36569/2025

Case brief

AI extract

What is this about?

Regular bail application for beating of an injured in a sudden road brawl; applicants had no criminal history and charge sheet was filed. Bail granted on parity with co-accused Shiv Kumar, on furnishing personal bond and two sureties each, subject to conditions against tampering and non-cooperation.

What did the court decide?

Applicants released on bail on personal bond and two sureties each to satisfaction of court concerned, with conditions; release via computer-generated order and BOMS.

Himanshu and Another vs State of U.P. — Bail and Remand | Allahabad HC (2025)

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 36569 of 2025

Himanshu And Another

.....Applicant(s)

Versus

State of U.P.	.....Opposite
Counsel for Applicant(s)	: Syed Shahnawaz Shah
Counsel for Opposite Party(s)	: G.A.

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.....Opposite Party(s)

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Court No. - 69

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HON'BLE ARUN KUMAR SINGH DESHWAL, J.

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Heard Sri Syed Shahnawaz Shah, learned counsel for the applicants; Sri D.P.S. Chauhan, learned A.G.A. for the State and Sri Mohd. Nooruddin Khan, learned counsel for the first informant.

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The instant application has been filed to enlarge the applicants on bail in case crime No. 95 of 2025, under Sections 191(2), 115(2), 352, 351(2), 109 B.N.S., P.S. Thana Bhawan, District Shamli.

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Contention of learned counsel for the applicants is that in the F.I.R. general allegation has been made against the applicants and co-accused for beating the injured Paramveer and no specific role has been assigned to any of the accused. It is clear from the F.I.R. as well as statement of the injured that there was a sudden brawl over jam on the road caused by the accused persons while the victim was going by his car. It is further submitted that co-accused Shiv Kumar, having similar role has already been enlarged on bail by the coordinate Bench of this Court in Bail Application No. 30983 of 2025. Therefore, the applicants are also entitled to be released on bail on the ground of parity with co-accused Shiv Kumar. It is further submitted that the applicants have no criminal history. After completing the investigation, charge sheet has been filed on 31.7.2025 and applicants are languishing in jail since 17.07.2025. In case, they are granted bail, they will not misuse the liberty of bail and would cooperate in the trial proceedings.

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Per contra, learned counsel for the first informant and learned A.G.A. for the State vehemently opposed the prayer for bail and submitted that the applicants along with the co-accused mercilessly beat the injured Paramveer. Therefore, no case for bail is made out.

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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 and without expressing any opinion on the merits of the case, taking into account that the co-

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BAIL No. 36569 of 2025

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accused Shiv Kumar, having similar role, has already been released on bail, the Court is of the view that the applicants are entitled to be enlarged on bail on the ground of parity.

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Let the applicants- Himanshu and Dipanshu , involved in the aforementioned crime be released on bail, on their 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 applicants 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 them from disclosing such facts to the Court or to any police officer or tamper with the evidence.

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

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

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

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

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It is made clear that the applicants shall be released on the basis of computer generated copy of this order, downloaded from the official website of High Court Allahabad and verified by the concerned counsel with the undertaking that the certified copy will be filed within 15 days.

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It is further directed that the trial court shall send the release order to the concerned jail through Bail Order Management System (BOMS) to ensure early release of the applicants.

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October 17, 2025 S.C.

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(Arun Kumar Singh Deshwal,J.)

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Digitally signed by :- SHUBHAM CHAURASIA High Court of Judicature at Allahabad

Himanshu and Another v. State of U.P.

Case brief

What is this about?

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Himanshu and Another v. State of U.P.

Case brief

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