Shankar @ Shiv Shankar v. the State of U.P. Thru. Prin. Secy. Deptt. of Home Lko. and 3 Others
Case brief
What is this about?
Bail allowed — Shankar @ Shiv Shankar vs The State of U.P. & 3 Ors.; Allahabad High Court, Lucknow Bench, Court No. 13; Hon'ble Saurabh Lavania, J.; decided 09.02.2026. Crl. Misc. Bail Appln. No. 227 of 2026; Case Crime No. 238 of 2017, P.S. Baskhari, Dist. Ambedkar Nagar; offences Ss. 323, 376D, 363, 366 IPC and S. 5/6 POCSO Act (FIR initially Ss. 363/366 IPC; Ss. 323/376 IPC and POCSO 5/6 added after recovery of victim). Applicant in jail since 13.10.2025; co-accused Ajay Nishad already on bail (11.12.2025, Bail Appln. 12328 of 2025); private opposite party Nos. 2 & 5 absent despite notice. Bail on Rs. 25,000 personal bond plus two reliable sureties (one family member) each of like amount; conditions incl. presence for S. 313 Cr.P.C. statement; observations to carry no weight on merits. Counsel: Manish Mani Sharma (applicant); G.A. (State).
What did the court decide?
Release on bail in Case Crime No. 238 of 2017 upon furnishing personal bond of Rs. 25,000/- and two reliable sureties (one of family member) each of the like amount, subject to eight conditions: (i) cooperation with prosecution during trial; (ii) no tampering with evidence; (iii) no pressurising/intimidating prosecution witnesses; (iv) no commission of offence; (v) no inducement, threat or promise to dissuade disclosure or tamper with evidence; (vi) presence before trial court on each fixed date personally or through counsel; (vii) no seeking adjournments on evidence dates when witnesses are present; (viii) in-person presence for recording of statement under Section 313 Cr.P.C.; default of conditions may be treated as abuse of liberty of bail.