Shivam vs State of U.P.

Neutral Citation No. - 2025:AHC:42846

Court No. - 66

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9676 of 2025

Applicant :- Shivam Opposite Party :- State of U.P. Counsel for Applicant :- Haridwar Singh Counsel for Opposite Party :- G.A.

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Hon'ble Sameer Jain,J.

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Heard Sri Haridwar Singh, learned counsel for the applicant and Sri Shatruhan Yadav, learned AGA for the State.

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The instant bail application has been filed seeking release of the applicant on bail in Case Crime No. 182 of 2024, under Sections 191(2), 190, 110, 115(2), 127(2), 103(1) B.N.S., Police Station Dankaur, District Gautam Budh Nagar during pendency of the trial.

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Learned counsel for the applicant submits, applicant was not named in the FIR but during investigation through the statement of eye witness Sachin he has been made accused in the present matter along with others including co-accused Vikas and Gaurav Nagar @ Ashu and both the co-accused Vikas and Gaurav Nagar @ Ashu have been released on bail by the co-ordinate Bench of this Court and their bail orders have been annexed as Annexure-8 to the affidavit filed in support of instant bail application and on facts, case of applicant is at par with them.

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He further submits, applicant is not having any criminal history and in the present matter he is in jail since 06.09.2024 i.e. for last more than five months.

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

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

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From the record, it reflects, applicant was not named in the FIR but during investigation when the statement of eye witness Sachin

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was recorded then he disclosed the name of applicant and others including co-accused Vikas and Gaurav Nagar @ Ashu and when the statement of injured Jitendra was recorded then he also disclosed their names but it reflects, both the co-accused Vikas and Gaurav Nagar @ Ashu have been released on bail by the coordinate Bench of this Court and on facts case of applicant is at par with them.

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Further, applicant is not having any criminal history and in the present matter he is in jail since 06.09.2024 i.e. for last more than five months.

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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, 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 :- 24.3.2025 AK Pandey

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Digitally signed by :- ANUPAM KUMAR PANDEY High Court of Judicature at Allahabad

Shivam v. State of U.P.

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Shivam v. State of U.P.

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