Allahabad High Court

SHIVAM @ SHIVA @ KRISHNAversusSTATE OF U.P.

Decided: 20 September 2026
Bench: JAI PRAKASH TIWARI

Holding

The applicant is entitled to bail during the pendency of the trial.

Summary

The High Court considered a bail application filed by Shivam @ Shiva @ Krishna, who was implicated in a criminal case (Crime No. 313 of 2026) involving offences under Sections 318, 115, 127, 308, 351 and 3 of the Indian Penal Code. The applicant claimed absolute innocence, stating that his name only appeared in the statements of co‑accused Rahul and Akash and that the FIR was lodged two days after the incident without a satisfactory explanation. The State opposed bail, arguing the seriousness of the offences and the applicant's alleged complicity. After weighing the nature of the offences, the evidence presented, the applicant’s prolonged pre‑trial detention since 13‑08‑2026, and the heavy pendency of cases, the Court concluded that bail was appropriate. Consequently, the Court granted bail subject to a personal bond, two sureties, and specific conditions to prevent tampering with evidence or intimidation of witnesses.

Issues considered

Whether bail should be granted to an accused implicated in offences under Sections 318, 115, 127, 308, 351 and 3 of the IPC.
Whether the delay in filing the FIR and the applicant's alleged lack of involvement justify bail.
Whether the seriousness of the alleged offences and the risk of evidence tampering warrant denial of bail.

Legislation cited

Indian Penal Code — s. 115, 127, 3, 308, 318, 351

Subjects

bail
Indian Penal Code
pre‑trial detention
sureties
evidence tampering
criminal procedure
court pendency

Judgment

HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 33475 of 2026

Shivam @ Shiva @ Krishna
.....Applicant(s)
Versus

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

Counsel for Applicant(s) : Akash Tyagi, Neha Tyagi
Counsel for Opposite Party(s) : G.A.

Court No. - 70
HON'BLE JAI PRAKASH TIWARI, J.

1. Heard learned counsel for the applicant and learned AGA for the State-
respondent and perused the record of the case.

2. The instant application has been filed seeking release of the applicant on
bail in Case Crime No. 313 of 2026, under Sections 318(4), 115(2), 127(2),
308(5), 351(2), 3(5) BNS, Police Station- Bhrampuri, District- Meerut,
during pendency of the trial in the court below.

3. Learned counsel for the applicant submitted that the applicant is
absolutely innocent and has been falsely implicated in the present case due
to some ulterior motive. It is next submitted that applicant is having no
concern with the allegations levelled against him and he has not committed
any offence as alleged by prosecution. It is next submitted that applicant is
not named in the FIR. His name has surfaced during course of investigation
in the statement of co-accused Rahul and Akash. The incident took place on
30.07.2026 and its FIR was lodged on 01.08.2026 after delay of about two
days without giving plausible explanation for delay in lodging the FIR. It is
submitted that the informant transferred money in account of co-accused
Akash and no money was transferred to the account of applicant. The
informant was medically examined by doctor on 01.08.2026 and as per
opinion of doctor the injury was simple in nature. It is submitted that nothing
has been recovered from the possession of the applicant or his pointing out.
He further submitted that the co-accused Akash has been granted bail by this
Court vide order dated 09.09.2026 passed in Crl. Misc. Bail Application No.
BAIL No. 33475 of 2026
2

31874 of 2026. He next submitted that the applicant is languishing in jail
since 13.08.2026. It is also submitted that the applicant undertakes that he
will not misuse the liberty, if granted. It has also been pointed out that in the
wake of heavy pendency of cases in the Court, there is no likelihood of any
early conclusion of trial.

4. The prayer for bail has been vehemently opposed by learned A.G.A.

5. 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.

6. Accordingly, without expressing any opinion on the merits of the case, the
instant bail application is allowed.

7. Let applicant, Shivam @ Shiva @ Krishna be released on bail in the
aforesaid case on his executing a personal bond and furnishing two 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 during the trial.

(ii). The applicant will not pressurize/ intimidate the prosecution witness.

(iii). The applicant will appear before the trial court on the date fixed, unless
personal presence is exempted.

(iv). The applicant shall not commit an offence similar to the offence of
which he is accused, or suspected, of the commission of which he is
suspected.

(v). 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.

8. It is further directed that the identity, status and residence proof of the
sureties be verified by the authorities concerned before they are accepted.
BAIL No. 33475 of 2026
3

9. In case of breach of any of the above conditions, the trial court will be at
liberty to cancel the bail.

10. 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 21, 2026
v.k. updh.

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

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