Allahabad High Court
SATYAM SHIVHAREversusSTATE OF U.P.
- Decided
Holding
The applicant is entitled to bail as the allegations do not establish a substantial role in the offence and the bail jurisprudence mandates release pending trial.
Summary
The applicant, Satyam Shivhare, was arrested in connection with a violent incident in Banda district where the deceased was allegedly beaten by a co‑accused identified as Yuvraj. The FIR does not name the applicant, and evidence such as a shop‑owner’s statement and CCTV footage suggest the applicant was merely present and did not wield a weapon. The applicant, who has no prior criminal record, sought bail, arguing that custodial interrogation was unnecessary and that he would cooperate with the trial. The State opposed bail but could not refute the factual matrix presented by the applicant’s counsel. Relying on Supreme Court precedents on bail, the court held that the applicant is entitled to bail, subject to standard conditions and verification of sureties. Consequently, the court ordered the release of the applicant on bail with a personal bond and two sureties, imposing conditions to prevent tampering with evidence or further criminal conduct.
Issues considered
- Whether the applicant, who was not named in the FIR and whose role in the alleged assault is minimal, is entitled to bail under Sections 103(1), 191(2), 191(3), 190, 115(2) and 351(3) of the Indian Penal Code.
- Whether the presence of the applicant at the scene, without a weapon, justifies denial of bail in view of the principles laid down by the Apex Court in Kapil Wadhawan v. CBI and related jurisprudence.
Legislation cited
- Indian Penal Code — s. 103, 115, 190, 191, 351
Subjects
- bail
- Indian Penal Code
- criminal procedure
- overcrowded jails
- pre‑trial detention
- evidence assessment
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 15037 of 2026
Satyam Shivhare
.....Applicant(s)
Versus
State of U.P.
.....Opposite Party(s)
Counsel for Applicant(s) : Ravikant Shukla
Counsel for Opposite Party(s) : Arvind Kumar, G.A.
Court No. - 67
HON'BLE ARUN KUMAR SINGH DESHWAL, J.
1. Heard Sri Ravikant Shukla, learned counsel for the applicant, Sri
Arvind Kumar, learned counsel for the first informant and Sri
Bhupendra Pal Singh, learned A.G.A. for the State and perused the
record.
2. The instant bail application has been filed with a prayer to release
the applicant on bail in Case Crime No. 312 of 2025, under Sections-
103(1), 191(2), 191(3), 190, 115(2), 351(3) BNS, Police Station-
Kotwali Dehat, District-Banda, during the pendency of the trial.
3. Contention of learned counsel for the applicant is that the applicant
was not named in the FIR wherein the allegation has been made that
the named accused had mercilessly beaten the deceased and on
hearing the cries of the deceased, several persons including the
family members of the deceased came on the spot then the accused
ran away from the place of incident. It is further submitted that the
name of the applicant has been surfaced in the statement of shop
owner of country-made liquor wherein he has submitted that two boys
were chasing the deceased and one boy wearing blue t-shirt
(subsequently identified as co-accused Yuvraj) was having wooden
stick and he has hit the deceased which had accidentally also hit the
co-accused (subsequently identified as present applicant). It is further
submitted that in the CCTV footage, it was found that it is the co-
accused Yuvraj, who was having the wooden stick and he had beaten
the deceased with that stick and the applicant does not have any
weapon with him, though, he was found to be present at the time of
incident but the role of beating has been assigned to the co-accused
Yuvraj. It is further submitted that the applicant has no criminal
history. It is further submitted that charge sheet has been filed in the
BAIL No. 15037 of 2026
2
present case, therefore, there is no requirement of custodial
interrogation. The applicant is a law abiding citizen and he is
languishing in jail since 12.11.2025. In case, he is granted bail, he will
not misuse the liberty of bail and would cooperate in the trial
proceedings.
4. Per contra, learned counsel for the first informant and learned
A.G.A. have vehemently opposed the prayer for bail but could not
dispute the aforesaid facts.
5. 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 the 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.
6. Let the applicant- Satyam Shivhare, 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:-
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.
ii. The applicant shall cooperate in the trial/investigation sincerely
without seeking any adjournment.
iii. The applicant shall not indulge in any criminal activity or
commission of any crime after being released on bail.
iv. The applicant shall attend in accordance with the conditions of the
bond executed by him.
7. In case of breach of any of the above conditions, it shall be a
ground for cancellation of bail.
BAIL No. 15037 of 2026
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8. Identity, status and residence proof of the applicant and sureties be
verified by the court concerned before the bonds are accepted.
9. Verification of mobile number and Aadhaar card of the applicant as
well as sureties should be verified by the court concerned.
10. It is made clear that the applicant shall be released on the basis
of computer generated copy of this order, downloaded 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.
11. It is further 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.
12. Office is directed to send a copy of this order to the applicant
through Banda 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.
May 5, 2026
S.C.
(Arun Kumar Singh Deshwal,J.)
Digitally signed by :-
SHUBHAM CHAURASIA
High Court of Judicature at Allahabad
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