Allahabad High Court

SHIVANSH PANDEY @ SHIVANK PANDEYversusSTATE OF U.P.

Decided: 6 May 2026
Bench: RAJIV LOCHAN SHUKLA

Holding

The Court held that bail should be granted to the applicant as a prima facie case exists.

Summary

The Allahabad High Court considered a bail application filed by Shivansh Pandey, who was named in FIR No. 262 of 2025 under Sections 140(1), 115(2), 352, 351(3) and 3(5) of the BNS. The applicant argued that he was falsely implicated, had no specific role in the FIR, the injured party suffered no grievous injury, and a similarly situated co‑accused, Azahar, had already been granted bail. The State opposed bail but could not dispute the precedent of Azahar’s release. The Court noted the absence of any specific allegation against the applicant, the lack of injury, and the existence of a comparable bail order, concluding that a prima facie case for bail existed. Accordingly, the Court granted bail subject to standard conditions and procedural directions.

Issues considered

Whether the applicant is entitled to bail despite the absence of a specific role in the FIR
Whether the lack of grievous injury to the victim justifies bail
Whether the grant of bail to a similarly situated co‑accused creates a precedent obliging the Court to release the applicant

Legislation cited

BNS — s. 115(2), 140(1), 3(5), 351(3), 352

Subjects

bail
criminal procedure
FIR
co‑accused
prima facie case
conditions of bail

Judgment

HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 8578 of 2026

Shivansh Pandey @ Shivank Pandey
.....Applicant(s)
Versus

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

Counsel for Applicant(s) : Anil Kumar
Counsel for Opposite Party(s) : G.A.

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

1. Heard, Learned counsel for the applicant, 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.262 of 2025, under Sections 140(1),
115(2), 352, 351(3), 3(5) of BNS, Police Station- Padari, District-
Mirzapur.

3. The Learned counsel for the applicant submits that the applicant has
been falsely implicated in the present case. No specific role has been
assigned to the applicant in the First Information Report or in the
statement of the injured. The injured has not received any grievous injury.
The Learned counsel for the applicant further contends that the similarly
situated co-accused viz. Azahar has been granted regular bail by this
Court vide its order dated 19.02.2026 passed in Criminal Misc. Bail
Application No. - 6112 of 2026 (Azahar Vs. State of U.P.). The case of the
applicant is at par with that of the co-accused. He further contends that the
the applicant has no criminal antecedents and he is in jail since
06.02.2026.

4. The Learned A.G.A., on the other hand, has opposed the prayer for
grant of bail, however, could not disputed the fact that the similarly
situated co-accused has already been enlarged on bail.

5. I have considered the submissions made by the Learned counsels for
BAIL No. 8578 of 2026
2

the parties and perused the material brought on the record.

6. The applicant although named in the First Information Report has not
been assigned any specific role. Similarly situated co-accused viz. Azahar
has been granted regular bail by this Court vide its order dated 19.02.2026
passed in Criminal Misc. Bail Application No. - 6112 of 2026 (
Azahar Vs. State of U.P.). The injured is not stated to have received any
grievous injury.

7. Taking into account all the facts and circumstances of the case, prima
facie, a case for bail is made out.

8. The bail application is allowed.

9. Let the accused-applicant- Shivansh Pandey @ Shivank Pandey,
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.

10. In the event of breach of any of the aforesaid conditions, the court
below 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.
BAIL No. 8578 of 2026
3

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.

(Rajiv Lochan Shukla,J.)
May 7, 2026
Sachin

Digitally signed by :-
SACHIN TIWARI
High Court of Judicature at Allahabad

Continue reading with your account

Checking your session…