Ankit Alias Shivam vs State of U.P. — Bail and Remand | Allahabad HC (2025)

Ankit Alias Shivam vs State of U.P. — Bail and Remand | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Bail granted to accused-applicant Ankit Alias Shivam in Case Crime No. 94 of 2025 on executing a personal bond and two reliable sureties each in the like amount to the satisfaction of the court concerned, subject to conditions of non-tampering with evidence, abstention from criminal activity, non-intimidation of prosecution witnesses and cooperation in trial, and regular appearance before the trial court; breach entitles the court below to cancel bail.

Issue for consideration

Whether accused-applicant Ankit Alias Shivam, in custody since 15.7.2025 in Case Crime No. 94 of 2025 (Sections 75, 78(2), 79, 308(3)(3)(4), 351(2), 352 of the Bharatiya Nyaya Sanhita, 2023 and Section 67 of the I.T. Act, P.S. Kotwali Dehat, District Bulandshahr), should be enlarged on bail during the pendency of the trial.

Court's answer

Considering the facts and circumstances, nature of accusations, severity of punishment in case of conviction, nature of supporting evidence, reasonable apprehension of tampering with witness and prima facie case, but without commenting on the merits, a case for bail is made out.

Ratio / Principle

The accused-applicant is to be released on bail on executing a personal bond and two reliable sureties each in the like amount, subject to conditions that he will not tamper with evidence, will not indulge in criminal activity, will not pressurize/intimidate prosecution witnesses and will cooperate in the trial and appear regularly on each date fixed by the trial court; on breach of any condition the court below is at liberty to proceed to cancel his bail.

Detailed headnote1 paragraphs

Bail - application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 by accused-applicant Ankit Alias Shivam in Case Crime No. 94 of 2025 under Sections 75, 78(2), 79, 308(3)(3)(4), 351(2), 352 of the Bharatiya Nyaya Sanhita, 2023 and Section 67 of the I.T. Act, P.S. Kotwali Dehat, District Bulandshahr - applicant in jail since 15.7.2025 - allegation that he talked to the victim on mobile phone and made viral her obscene photograph on the internet - contention that the investigating officer did not recover the applicant's mobile phone through which the incriminating photo and video was uploaded, so no offence under the I.T. Act is made out, and that his three criminal antecedents stand explained - Court allowed the bail application without commenting on the merits, directing release on a personal bond and two reliable sureties each in the like amount, subject to conditions of non-tampering with evidence, abstention from criminal activity, non-intimidation of prosecution witnesses and regular appearance before the trial court, with liberty to the court below to cancel bail on breach of any condition.

HIGH COURT OF JUDICATURE AT ALLAHABAD

CRIMINAL MISC. BAIL APPLICATION No. - 37114 of 2025

Ankit Alias Shivam

.....Applicant(s)

Versus
State of U.P.	.....Opposite Party(s)
Counsel for Applicant(s) :	Suvansit Kumar Jaiswal
Counsel for Opposite Party(s) :	G.A.

Court No. - 68

HON'BLE ASHUTOSH SRIVASTAVA, J.

Heard Shri Suvansit Kumar Jaiswal, learned counsel for the applicant, Shri Ajay Kumar Singh, learned AGA for the State-respondents and perused the record.

This bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been moved on behalf of accused-applicant, Ankit Alias Shivam, seeking enlargement on bail in Case Crime No. 94 of 2025 , under Sections75, 78 (2), 79, 308 (3) (3) (4), 351 (2), 352 of the Bharatiya Nyaya Sanhita, 2023 and Section 67 of I.T. Act, Police Station Kotwali Dehat, District Bulandshahr, during the pendency of the trial before the Court below.

Learned counsel for the applicant argued that the accused-applicant is innocent. He has been falsely implicated in this very case crime number and is languishing in jail since 15.7.2025. Learned counsel for the applicant submits that allegation against the applicant is that he used to talk with the victim on mobile phone and thereafter, made viral the obscene photograph of the victim on the internet. Learned counsel for the applicant submits that investigating officer did not recover the applicant's mobile phone through which the incriminating photo and video was uploaded on the internet, no offence against the I.T Act is made out against the applicant. He has three cases of criminal antecedent, which have sufficiently been explained and there is no likelihood of his fleeing from course of justice or tampering with evidence in case of release on bail. Hence, bail has been prayed for.

BAIL No. 37114 of 2025

2

Learned AGA has vehemently opposed the prayer for bail.

Considering all above facts and circumstances, the nature of accusations, severity of the punishment in the case of conviction and nature of supporting evidence, reasonable apprehension of tampering with the witness and prima facie case, but without commenting on merit of case, a case for bail is made out.

Accordingly, the bail application is allowed .

Let the accused-applicant, Ankit Alias Shivam , involved in above mentioned case crime number be released on bail, on his executing a personal bond and two reliable sureties each, in the like amount to the satisfaction of the court concerned, subject to the following conditions:

The applicant will not tamper with the evidence.

The applicant will not indulge in any criminal activity.

The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial.

The applicant will appear regularly on each and every date fixed by the trial court, unless his personal appearance is exempted through counsel by the court concerned.

In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail.

(Ashutosh Srivastava,J.)

December 2, 2025

Ravi Prakash

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