SHIVAMversusSTATE OF U.P.

         HIGH COURT OF JUDICATURE AT ALLAHABAD
         CRIMINAL MISC. BAIL APPLICATION No. - 29974 of 2025

Shivam
                                                           .....Applicant(s)
                                  Versus

State of U.P.
                                                              .....Opposite
                                                                    Party(s)

Counsel for Applicant(s)            :   Vineet Kumar Yadav
Counsel for Opposite Party(s)       :   G.A., Sunil Kumar Upadhyay

Court No. - 72
                 HON'BLE RAJIV LOCHAN SHUKLA, J.

1. Heard Learned counsel for the applicant, Learned A.G.A. for the State,
Shri Sunil Kumar Upadhyay, Learned counsel for the informant 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.188 of 2025, under Sections 109, 352,
351(2) BNS Police Station Sadar Bazar, District Mathura.

3. Learned counsel for the applicant states that the applicant has been
falsely implicated in the present case only because of his association with
the co-accused Komal and Naval, who are real brothers. A perusal of the
statement of the injured would indicate that the role of the applicant is
only of catching hold whereas that of assaulting the injured and inflicting
injury on his neck has been assigned to the co-accused Komal. The
applicant has one previous criminal case to his credit, in which the
applicant has been granted interim protection by this Court and no
coercive action has been ordered to be taken against the applicant in
Application U/s 528 BNSS No.9254/2025. He contends that in the
previous criminal case shown against the applicant in his criminal
antecedents, the interim order granted by this Court is still in operation

4. Learned counsel for the informant and Learned AGA have opposed the
prayer for bail and have contended that the applicant is specifically
nominated in the FIR. The role of catching hold is assigned to the
applicant, which is quite significant in a case where knife is used as a
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weapon of offence. He, however, could not dispute the explanation given
by the applicant regarding his criminal antecedents.

5. I have considered the submissions made by Learned counsels for the
parties.

6. The applicant is in jail since 12.06.2025. The role assigned to the
applicant in the statement of the injured is only of catching hold. It is
contended by the Learned counsel for the applicant that the primary
accused Komal has not yet surrendered and is absconding, however that
would not affect the case of the applicant. The trial against the applicant is
not likely to conclude in the near future as it has been stated by the
Learned counsel for the informant that presently only PW2 is being
examined. The case of the applicant is distinguishable from the co-
accused Komal, who is said to have caused knife injury on the neck of the
injured.

7. Taking into account the entire facts and circumstances of the case, the
role assigned to the applicant and his period of detention, a prima facie
case for bail is made out.

8. The bail application is allowed.

9. Let the accused-applicant, Shivam, involved in above mentioned case
crime number be released on bail, on his executing a personal bond and
two reliable sureties each, in the like amount to the satisfaction of the
court concerned, subject to the following conditions:

(i) The applicant will not tamper with the evidence.

(ii) The applicant will not indulge in any criminal activity.

(iii) The applicant will not pressurize/intimidate the prosecution witnesses
and co-operate in the trial.

(iv) The applicant will appear regularly on each and every date fixed by
the trial court, unless his personal appearance is exempted by the court
concerned.
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                                    10. In the event of breach of any of the aforesaid conditions, the court
                                    concerned will be at liberty to proceed to cancel his bail.

                                    11. 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.

                                    12. 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.

                                    13. The observations made hereinabove are exclusively for deciding the
                                    instant bail application and are not to be considered to be an opinion on
                                    the merits of the case.



                                                                                       (Rajiv Lochan Shukla,J.)
                                    May 7, 2026
                                    A. Pandey




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