Allahabad High Court
BAIL/9910/2025 of SHIV KUMAR @ SHIV KUMAR YADAV Vs STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO. on 10 December 2025
JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 9910 of 2025 Court No. - 17 HON'BLE SUBHASH VIDYARTHI, J. 1. Heard Sri Rajesh Kumar, learned counsel for the applicant and Sri Mayank Sinha, learned Additional Government Advocate for the State, who has filed counter affidavit
HIGH COURT OF JUDICATURE AT ALLAHABAD
LUCKNOW
CRIMINAL MISC. BAIL APPLICATION No. - 9910 of 2025
Court No. - 17
HON'BLE SUBHASH VIDYARTHI, J.
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1. Heard Sri Rajesh Kumar, learned counsel for the applicant and Sri Mayank Sinha, learned Additional Government Advocate for the State, who has filed counter affidavit today in court, which is taken on record.
2. This is the second bail application seeking release of the applicant on bail in Case Crime No. 60 of 2024, under Sections 302, 120-B I.P.C. registered at Police Station Gudamba, District Lucknow. The first application bearing Criminal Misc. Bail Application No.7609 of 2024 has been rejected by this court by mean of an order dated 25.04.2025.
3. Subsequent to rejection of the first bail application of the applicant, another co-accused Yashveer has been granted bail by means of an order dated 26.11.2025, passed by a coordinate Bench of this Court in Criminal Misc. Bail Application No.1531 of 2025, wherein it is recorded that the son of the deceased, whose statement was recorded by the Investigating Officer in support of prosecution case has been declared to be hostile.The allegations levelled against the applicant are similar to those levelled against the co-accused Yashveer who has been granted bail.
4. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the applicant has no previous criminal history and he is languishing in jail since 19.02.2024 and Versus Counsel for Applicant(s) : Rajesh Kumar Counsel for Opposite Party(s) : G.A. Shiv Kumar @ Shiv Kumar Yadav .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. .....Opposite Party(s)
without making any observation, which may affect the merits of the case, I am of the view that the aforesaid facts are sufficient for making out a case for enlargement of the applicant on bail in the aforesaid crime on the ground of parity.
5. Accordingly, this bail application stands allowed.
6. Let the applicant-Shiv Kumar @ Shiv Kumar Yadav 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 magistrate/court concerned, subject to following conditions:-
(i) the applicant shall not tamper with the prosecution evidence;
(ii) the applicant shall not pressurize the prosecution witnesses;
(iii) the applicant shall appear on each and every date fixed by the trial court, unless his appearance is exempted by the learned trial court.
December 10, 2025 Ram. BAIL No. 9910 of 2025 2 (Subhash Vidyarthi,J.) Digitally signed by :- RAM SINGH High Court of Judicature at Allahabad, Lucknow Bench