Allowed

Shiv Kumar and 4 Others v. State of U.P.

Allahabad HC12 Nov 2018BAIL/41677/2018

Case brief

AI extract

What is this about?

This bail application was allowed by the single judge. The court noted the applicant was falsely implicated, not named in the FIR initially, and arrested on false recovery without independent witnesses. Bail was granted subject to standard conditions.

What did the court decide?

Applicants released on bail on executing personal bond and furnishing two sureties each with conditions against tampering and intimidation.

Shiv Kumar and 4 Others Vs State of U.P. — Cheating and Forgery | Allahabad HC (2018)

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Court No. - 42

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 41677 of 2018

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Applicant :- Shiv Kumar And 4 Others Opposite Party :- State Of U.P. Counsel for Applicant :- Ram Behari Saxena Counsel for Opposite Party :- G.A.

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Hon'ble Arvind Kumar Mishra-I,J.

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Heard learned counsel for the applicants as well as learned AGA for the State of U.P and perused the material available on record.

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Contention raised on behalf of the applicants have been confined to the extent that the applicants claims to have been falsely implicated in the present case on account of several facts. The applicants are not named in the first information report. The name of the applicants surfaced in the confessional statement of the co-accused. The Police falsely arrested the applicants in an encounter case on 13.08.2018, wherein the false recovery has been made from the possession of each of the applicant and certain money was allegedly recovered by the Police. Confessional statement was made by the applicants to the ambit that they were involved in this incident. There is no independent public witness to the fact of recovery. The Police has deliberately roped the applicants in the present case. The applicants do not bear any criminal history and are languishing in jail since 13.08.2018.

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Learned AGA has opposed prayer for bail. However, learned AGA has not disputed the aforesaid facts.

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Without expressing any opinion on merits of the case but considering the facts and circumstances of the case, nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tampering with witness or apprehension of threat to the complainant and prima facie satisfaction of the Court in support of the charge,

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the applicant is entitled to be released on bail. Accordingly, bail application is allowed.

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Let the applicants Shiv Kumar, Deepak Verma, Surendra, Mohan and Anand Verma involved in Case Crime No.1181 of 2018, under Sections 395, 412 I.P.C., Police Station Vrindawan, District Mathura be released on bail on their executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned with the following conditions;

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(i) The applicants will not tamper with the evidence during the trial.

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

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(iii)The applicants will appear before the trial court on the date fixed.

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In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.

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Order Date :- 12.11.2018 A. Tripathi

Shiv Kumar and 4 Others v. State of U.P.

Case brief

What is this about?

What did the court decide?

Shiv Kumar and 4 Others v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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