Shivam vs State of U.P.

Neutral Citation No. - 2025:AHC:50915

Court No. - 66

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8900 of 2025

Applicant :- Shivam Opposite Party :- State of U.P. Counsel for Applicant :- Sunil Kumar Yadav,Yashpal Yadav Counsel for Opposite Party :- G.A.

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Hon'ble Sameer Jain,J.

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Heard Shri Sunil Kumar Yadav, learned counsel for the applicant and Shri Shatrughan Yadav, learned AGA for the Staterespondent.

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The instant application has been filed seeking release of the applicant on bail in Case Crime No.454 of 2024, under Sections 115(2), 105, 137(2) B.N.S., Police Station Kerakat, District Jaunpur, during pendency of the trial in the court below.

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Learned counsel for the applicant submits that however, applicant is named in the FIR and as per allegation made in the FIR, he called the niece of the informant and subsequently her niece was found in injured condition and when she was being taken to the hospital then on the way, she died but entire allegation levelled against applicant is totally false and actually, it is a case of accidental death and during investigation when the statements of witnesses were recorded including informant, which have been annexed at page 47 and 48 of the paper book then they stated that due to accident deceased died.

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He further submits that there is no evidence on record, which can suggest that applicant committed the murder of the deceased.

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He further submits that applicant is having no criminal history and he is in jail in the present matter since 13.12.2024.

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Per contra, learned AGA however opposed the prayer for bail but could not dispute the arguments on facts advanced by learned counsel for the applicant.

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I have heard learned counsel for both the parties and perused the record of the case.

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However, as per allegation, applicant called the deceased and subsequently deceased found in injured condition and died but from the statements of the witnesses recorded during investigation including informant, it reflects, deceased died due to fall from the motorcycle and therefore, from their statements, it reflects, she died accidentally.

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Further, there is no evidence on record, which can suggest that applicant committed the murder of the deceased.

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Further, applicant is having no criminal history and he is in jail in the present matter since 13.12.2024.

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Therefore, considering the facts and circumstances of the case, discussed above, in my view, applicant is entitled to be released on bail.

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Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed .

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Let the applicant- Shivam , be released on bail in the aforesaid case on 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 applicant shall appear before the trial court on the dates fixed, unless his personal presence is exempted.

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(ii) The applicant shall not directly or indirectly, make inducement,

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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 any police officer or tamper with the evidence.

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(iii) The applicant shall not indulge in any criminal and anti-social activity.

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In case of breach of any of the above condition, the prosecution will be at liberty to move an application before this Court for cancellation of the bail of the applicant.

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It is clarified that the observations made herein are limited to the facts brought in by the parties pertaining to the disposal of bail application and the said observations shall have no bearing on the merits of the case during trial.

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Order Date :- 8.4.2025 Zafar

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Digitally signed by :- MOHAMMAD ZAFAR ANSARI High Court of Judicature at Allahabad

Shivam v. State of U.P.

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