Shiva v. State of U.P.
Case brief
What is this about?
Single judge allowed bail to an accused charged with dacoity and attempted murder. Ruling was based on parity with a co-accused and lack of criminal history, without expressing an opinion on the merits.
What did the court decide?
Bail allowed subject to personal bond, two sureties, and conditions prohibiting tampering, intimidation, and committing further offences.
What the court decided
Court No. - 50
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 31583 of 2018
Applicant :- Shiva Opposite Party :- State Of U.P. Counsel for Applicant :- Anup Ghosh,Pratap Ghosh Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Heard learned counsel for the applicant, learned A.G.A for the State and perused the record.
According to the prosecution case the F.I.R. was lodged against four unknown persons alleging that on 02.02.2017 they robed the godown of complainant and shot fire on Abhishek Soni @ Sonty, he received firearm injuries, resultantly died; after one month of the incident on 03.03.2017 secret informer (mukhbir) stated that this incident was done by Sushil Kumar Verma, Kasif @ Cheeta and Shiwa Sharma @ Gyan Chandra Sharma and two unknown persons; after investigation on the basis of statement of mukhbir charge-sheet was submitted against Kasif @ Cheeta, Suhel @ Chhota and Miwa Sharma.
Learned counsel for the applicant submitted that country made pistol was shown to be recovered from the possession of the applicant was not sent to ballistic expert for opinion. Neither the country made pistol was used nor one mobile was used in this crime; there is no evidence of so called recovered mobile which was looted by the applicant; co-accused Chhota @ Suhel has been enlarged on bail by co-ordinate Bench of this Court vide order dated 30.4.2018 in Criminal Misc. Bail Application No. 15945 of 2018 and the case of the applicant is identical to the case of co-accused, who has been enlarged on bail, hence the applicant is also entitled to bail on the ground of parity; applicant is languishing in jail since 9.3.2017 (one year and nine months); having no criminal history; the applicant is innocent and has been falsely implicated in the present case; there is no independent witness and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial. Learned counsel for the applicant further submitted that there is no possibility to get this decided in near future.
Issues for consideration
2 issues framed by the court
Whether the applicant is entitled to bail on grounds of lack of criminal history and parity with co-accused granted bail.
Whether the gravity of the offence (dacoity and attempted murder) precludes bail.
Parties & counsel
- applicant
Shiva
Coram
Aniruddha Singh
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · December
- Registered
- Case no.
- BAIL/31583/2018
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