Shivam Kumar v. State of U.P. Thru. Prin. Secy. Home Civil Sectt. Lko.
Case brief
What is this about?
Gangster Act bail granted; U.P. Gangster Act Sections 2B(ii)/3; Case Crime No. 511 of 2025; Police Station Gola, District Lakhimpur Kheri; gang chart; bail already obtained in all five gang-chart cases; specific pleadings in para-3 of bail affidavit; parity with co-accused Daalchandra, bail order dated 15.09.2025 in Criminal Misc. Bail Application No.8689 of 2025; custody/in jail since 24.08.2025; bail conditions (tampering, witness intimidation, inducement, adjournment undertaking, appearance); Section 229-A now Section 269 BNS; Section 82 Cr.P.C. now Section 84 BNSS; Section 174-A now Section 209 BNS; Shivam Kumar v. State of U.P.; Karunesh Singh Pawar, J.; Allahabad High Court Lucknow Bench; decided September 23, 2025.
What did the court decide?
Applicant Shivam Kumar (Case Crime No. 511 of 2025, Sections 2B(ii)/3 U.P. Gangster Act, P.S. Gola, District Lakhimpur Kheri) to be released on bail on furnishing a personal bond and two reliable sureties each in the like amount to the satisfaction of the trial court, subject to conditions (i)-(vi): no tampering with evidence; no pressurising/intimidating prosecution witnesses; no inducement, threat or promise to dissuade disclosure; undertaking not to seek adjournment on evidence dates when witnesses are present (default to be treated as abuse of liberty of bail); remaining present before the trial court on each date fixed, personally or through counsel, failing which proceedings may follow under Section 229-A of the Indian Panel Code (now Section 269 of BNS); and, if liberty of bail is misused and a proclamation under Section 82 Cr.P.C. (now Section 84 BNSS) issues and the applicant fails to appear, proceedings under Section 174-A of the Indian Panel Code (now Section 209 BNS).