Shiva vs State of U.P.Thru. Prin.Secy. Home

Neutral Citation No. - 2025:AHC-LKO:45796

Court No. - 12

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6623 of 2024

Applicant :- Shiva Opposite Party :- State Of U.P.Thru. Prin.Secy. Home Counsel for Applicant :- Dharm Trivedi,Manjusha Kapil Counsel for Opposite Party :- G.A.,Ram Asarey Verma

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Hon'ble Karunesh Singh Pawar,J.

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1. Heard learned counsel for the applicant, learned counsel for the complainant, learned Additional Government Advocate for the State and perused the record.

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2. It is alleged in the prosecution case that on 8.12.2023, brother of the complainant Man Singh was called by the accused applicant and the co-accused Aniket to village Suda, Kotwali Gaurifanta. It is further alleged that from there, he has been kidnapped and since then, his phone is not reachable and he went missing.

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3. Learned counsel for the applicant submits that it is a case of no evidence. Except the call detail records between the applicant and the deceased, there is no other connecting evidence to implicate the applicant in this case. There is no last seen evidence and there is no recovery. In the post mortem, cause of death could not be ascertained. Bones have been sent to Forensic Science Laboratory for DNA test and the cause of death. No corroborative material has been found in the FSL report to support the prosecution case. It is a case of circumstantial evidence. Chain of circumstance is not complete. The applicant has no prior criminal antecedent. Charge sheet has been filed. The applicant is in jail since 23.11.2023.

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It is further submitted that there is no possibility of the applicant of fleeing away after being released on bail or

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tampering with the witnesses. In case the applicant is enlarged on bail, he shall not misuse the liberty of bail.

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4. Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid facts as argued by the learned counsel for the applicant.

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5. Considering the facts and circumstances of the case, the fact that the applicant has no prior criminal antecedent, charge sheet has been filed, prima facie, chain of circumstances does not appear to be complete, arguments advanced by learned counsel for the parties, the period for which the applicant is in jail and without expressing any opinion on the merit of the case, I find it to be a fit case for enlarging the applicant on bail.

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6. Let the applicant Shiva, involved in Case Crime No.36 of 2023 under sections 302, 201, 364 I.P.C., P.S.Gaurifanta, district Kheri 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.

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(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

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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 under Section 229-A I.P.C. (now 269 BNS)

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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 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 I.P.C. (now 209 BNS).

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7. The application is allowed accordingly.

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Order Date :- 6.8.2025 kkb/

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Digitally signed by :- KRISHNA KUMAR BARANWAL High Court of Judicature at Allahabad, Lucknow Bench

Shiva v. State of U.P.Thru. Prin.Secy. Home

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Shiva v. State of U.P.Thru. Prin.Secy. Home

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