Allowed

Shubham Tiwari @ Shivam v. State of U.P. Thru. Secy. Home Deptt. U.P. Lko.

Allahabad HC10 Dec 2025BAIL/4918/2025

Case brief

AI extract

What is this about?

Applicant sought regular bail for an armed robbery at a liquor shop under BNS sections 309(4) and 317. Court noted charge sheet filed, explained criminal history, custody since March 2025 and bail granted to co-accused, and enlarged the applicant on bail on parity grounds with standard conditions.

What did the court decide?

Applicant released on bail on personal bond and two sureties with conditions; allowed on ground of parity.

Shubham Tiwari @ Shivam Vs State of U.P. Thru. Secy. Home… — Bail and Remand | Allahabad HC (2025)

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

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CRIMINAL MISC. BAIL APPLICATION No. - 4918 of 2025

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Shubham Tiwari @ Shivam

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.....Applicant(s)

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Versus

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State Of U.P. Thru. Secy. Home Deptt. U.P. Lko. .....Opposite Party(s) Counsel for Applicant(s) : Dinesh Kr. Sharma, Arshad Hafeez Khan Counsel for Opposite Party(s) : G.A.

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Court No. - 15

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HON'BLE KARUNESH SINGH PAWAR, J.

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Heard learned counsel for the applicant as well as learned A.G.A for the State.

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The present bail application has been filed by accused-applicant seeking bail in Case Crime No.0016 of 2025 under Sections 309(4), 317(2) and 317 (4) of BNS P.S. Shriduttganj, district Balrampur.

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In the prosecution case, it is alleged that on the foreign liquor shop of the complainant at 8.45 p.m. two persons came there on motorcycle and they on gun point took away Rs.18,000/- from the salesman and his mobile phone.

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Submission of learned counsel for the applicant is that the co-accused Brijesh Kumar Trigunayat who was assigned similar role has been granted bail by this court vide order dated 26.11.2025 passed in Bail No.3835 of 2025.

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False recovery of Rs.1570/- has been shown from the applicant. No test identification parade has been conducted. The applicant has explained criminal history of 16 cases in para 15 of the bail application and four cases in para 17 in the rejoinder affidavit.

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It is further submitted that there is no possibility of the applicant of fleeing away after being released from jail or tampering with the witnesses. In case the applicant is enlarged on bail, he shall not misuse the liberty of bail.

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BAIL No. 4918 of 2025

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Learned A.G.A. has opposed the prayer for bail of the applicant.

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Considering the fact that charge sheet has been filed and the fact that the applicant is in jail since 03.03.2025, bail order of the co-accused, referred to above, the criminal history of the applicant has been explained, and without expressing any opinion on the merits of the case, I find it to be a fit case for enlarging the applicant on bail.

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Accordingly, the bail application is allowed, also on the ground of parity.

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Let the applicant Shubham Tiwari alias Shivam, involved in aforesaid 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 with the following conditions which are being imposed in the interest of justice:-

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

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(ii) The applicant will not pressurize/ intimidate the prosecution witness. (iii) 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.

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(iv) 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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(v) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him in accordance with law.

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(vi) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C. (now Section 84 BNSS) is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law under Section 174-A IPC (now Section 209 of BNS).

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It is clarified that the observations made in this order are confined to the

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BAIL No. 4918 of 2025

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present bail application and shall have no bearing on the merits of the trial.

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(Karunesh Singh Pawar,J.)

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December 10, 2025 kkb/

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