Shambhu v. State of U.P.
Case brief
What is this about?
Single judge granted bail to applicant Shambhu in a criminal case involving cheating and abduction, relying on a compromise deed and lack of corroboration, while directing expedited trial proceedings.
What did the court decide?
Applicant released on bail on furnishing personal bond and two sureties, subject to standard conditions and expedition of trial.
What the court decided
Court No. - 55
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 39368 of 2018
Applicant :- Shambhu Opposite Party :- State Of U.P. Counsel for Applicant :- Hari Bans Singh Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Heard Sri Hari Bans Singh, learned counsel for the applicant, Sri Abhinav Prasad, learned AGA for the State and perused the material brought on record.
The submission of learned counsel for the applicant is that applicant is innocent and has been falsely implicated in the present case due to enmity. Further submission is that from the statement of the statement of the victim recorded under section 164 Cr.PC, it is apparent that victim was a consenting party. Further submission is that a compromise has taken place between the applicant and informant and between the mother of victim and mother of the applicant. In support of this contention copy of compromise deed has been annexed as Annexure-8 and 9 to the affidavit filed in support of bail application. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed forth before the Court. Further submission is that applicant who is in jail since 16.7.2018, has no other criminal history and there is also no possibility of his either fleeing away from the judicial process or tampering with the witnesses. Applicant also undertake that he will not misuse the liberty, if granted.
Learned A.G.A. has vehemently opposed the prayer.
Issues for consideration
2 issues framed by the court
Whether the applicant is entitled to bail given the compromise and nature of evidence.
Whether the trial court should expedite the trial ensuring disposal within one year.
Parties & counsel
- applicant
Shambhu
Coram
Vivek Kumar Singh
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · October
- Registered
- Case no.
- BAIL/39368/2018
Similar cases
Judgements on the same questions, provisions and authorities, from every court