Allahabad High Court
SHIVAM SAXENA @ SUBHAM SAXENAversusSTATE OF U.P.
- Decided
- Bench
- JAI PRAKASH TIWARI
Holding
The court held that the applicant is entitled to bail during trial, subject to conditions, as the nature of the offence and evidence do not justify its denial.
Summary
The applicant, Shivam Saxena, filed a bail application in a criminal case (Crime No. 136 of 2026) involving multiple IPC offences including sections 191, 109, 333, 115, 352, 351, 117 and 131 BNS. He claimed innocence, asserting that the FIR did not assign him a specific role and that the firearm injury was attributed to a co-accused, Shiv Kumar. The State opposed bail, highlighting the seriousness of the charges and the applicant's prior criminal history of six cases. The court examined the nature of the offences, the evidence presented, and the applicant's alleged lack of involvement in the firearm injury. Finding that these factors did not warrant denial of bail, the court granted bail with standard conditions. The order expressly limited its observations to the bail application and did not prejudice the trial's merits.
Issues considered
- Whether the applicant is entitled to bail during the pendency of trial despite being charged under serious IPC provisions.
- Whether the applicant's alleged lack of direct involvement in the firearm injury and the presence of a co-accused affect the bail decision.
- Whether the applicant's prior criminal record precludes the grant of bail.
Legislation cited
- Indian Penal Code — s. 109(1), 115(2), 117(2), 131 BNS, 191(2), 191(3), 333, 351(3), 352
Subjects
- bail
- Indian Penal Code
- criminal procedure
- anticipatory bail
- trial
- conditions of bail
- serious offences
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 31579 of 2026
Shivam Saxena @ Subham Saxena
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Shashi Kumar Mishra
Counsel for Opposite Party(s) : G.A.
Court No. - 70
HON'BLE JAI PRAKASH TIWARI, J.
Heard learned counsel for the applicant, learned AGA for the State-
respondent and perused the record.
The instant application has been filed seeking release of the applicant on
bail in Case Crime No. 136 of 2026, under Sections 191(2), 191(3),
109(1), 333, 115(2), 352, 351(3), 117(2), 131 BNS, Police Station
Patiyali, District Kasganj, during the pendency of trial.
It is argued by the learned counsel for the applicant that applicant is
innocent and has been falsely implicated in the present case due to ulterior
motive. Learned counsel for the applicant has contended that the applicant
has not been given any specific role in the FIR. No firearm injury caused
to any person by the applicant. Later in the statement of the injured, the
role of using a firearm and firing upon the injured Omveer has been given
to the other co-accused Shiv Kumar @ Sampat. The injured Omveer has
not received any injury which can be categorized to be a firearm injury.
None of the injuries have been opined to be dangerous to life. Learned
counsel has further contended that similarly situated co-accused Shiv
Kumar @ Sampat has been granted anticipatory bail by this Court in
NABAIL No. 7944 of 2026. The applicant has criminal history of six
cases, which has been explained in para '16' of the bail application. The
applicant is languishing in jail since 04.08.2026 and in case he is released
on bail, he will not misuse the liberty of bail.
Per contra, learned AGA, however, opposed the prayer for bail.
BAIL No. 31579 of 2026
2
Keeping in view the nature of the offence, evidence, complicity of the
accused, severity of the punishment, and submissions of learned counsel
for the parties, this Court is of the view that the applicant is entitled to be
enlarged on bail during the pendency of the trial. Accordingly, without
expressing any opinion on the merits of the case, the instant bail
application is allowed.
Let the applicant-Shivam Saxena @ Subham Saxena 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:-
(i) The applicant shall appear before the trial court on the dates fixed,
unless his personal presence is exempted.
(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.
(iii) The applicant shall not indulge in any criminal and anti-social
activity.
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.
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.
(Jai Prakash Tiwari,J.)
September 8, 2026
Brijesh
Digitally signed by :-
BRIJESH KUMAR
High Court of Judicature at Allahabad
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