Shivam Namdev Vs State of U.P.

HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 13505 of 2026

Shivam Namdev

.....Applicant(s)

Versus State of U.P. .....Opposite Party(s) Counsel for Applicant(s) : Dev Prakash Sharma, Priyanka Devi Counsel for Opposite Party(s) : G.A.

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Court No. - 67

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HON'BLE ARUN KUMAR SINGH DESHWAL, J.

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Heard Ms. Priyanka Devi, learned counsel for the applicant, Sri Ram Kumar Verma, learned A.G.A. for the State and perused the record.

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The instant bail application has been filed with a prayer to release the applicant on bail in Case Crime No.16 of 2026, under Sections-103(1), 191(2), 191(3), 190, 109(1), 115(2), 352 BNS, Police Station-Ajnar, DistrictMahoba.

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Contention of learned counsel for the applicant is that the applicant was not named in the FIR. Subsequently in the statement of the injured eye witness, Akash, the name of the applicant has been surfaced wherein specific allegation of causing knife injury has been made against the co-accused Sahab Singh and recovery of knife has also been shown from Sahab Singh. There is no recovery of any weapon on pointing out of the applicant and no specific role has been assigned to the applicant in causing any injury to the deceased, Vikas. It is further submitted that co-accused Raj Yadav and Ankit Yadav have already been released on bail by this Court in Criminal Misc. Bail Application Nos.11487 of 2026 and 12033 of 2026 respectively. Therefore, the applicant is also entitled to be released on bail on the ground of parity. It is further submitted that the applicant has no criminal history. The applicant is a law abiding citizen and he is languishing in jail since 22.01.2026. In case the applicant is granted bail, he will not misuse the liberty of bail and would cooperate in the trial proceedings.

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On the other hand, learned A.G.A. for the State opposed the prayer for bail but could not dispute the aforesaid fact.

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BAIL No. 13505 of 2026

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2

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Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and keeping in view the nature of offence, evidence, complicity of accused and taking into account overcrowded jails and heavy pendency of criminal cases before the trial courts as well as considering the mandate of the judgement of the Apex Court in the case of Kapil Wadhawan vs Central Bureau of Investigation reported in 2025 SCC Online SC 3038 as well as guideline of this Court in the case of Maya Tiwari vs State of U.P. reported in 2024 SCC Online All 6765 regarding grant of bail and without expressing any opinion on the merits of the case, I am of the opinion that the applicant is entitled to be enlarged on bail. Accordingly, the present application is allowed.

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Let the applicant- Shivam Namdev involved in the aforementioned 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:-

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i. 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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ii. The applicant shall cooperate in the trial/investigation sincerely without seeking any adjournment.

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iii. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.

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iv. The applicant shall attend in accordance with the conditions of the bond executed by him.

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In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.

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Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.

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Verification of mobile number as well as Aadhaar Card of the applicant and sureties should also be conducted by the court concerned.

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It is made clear that the applicant shall be released on the basis of

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BAIL No. 13505 of 2026

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3

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downloaded copy of this order from the official website of High Court Allahabad and verified by the concerned counsel with the undertaking that the certified copy will be filed within 15 days.

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It is directed that the trial court shall send the release order to the concerned jail through Bail Order Management System (BOMS) to ensure early release of the applicant.

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Office is directed to send a copy of this order to the applicant through Mahoba Jail Superintendent via e-mail or e-prison portal within 24 hours in compliance of the order of the Apex Court in the case of Policy Strategy for Grant of Bail, In Re: Suo Motu Writ Petition (Crl.) No. 4 of 2021 decided on 31.01.2023 reported in (2024) 10 SCC 685 .

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April 23, 2026 A.Kr.

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(Arun Kumar Singh Deshwal,J.)

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

Shivam Namdev v. State of U.P.

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Shivam Namdev v. State of U.P.

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