Shivam v. State of U.P.
Case brief
What is this about?
The court granted bail to the applicant Shivam accused of kidnapping and enticement under IPC and POCSO, finding it a fit case considering the co-accused bail and lack of criminal history, subject to standard conditions.
What did the court decide?
Applicant released on bail in S.S.T. No.131 of 2018 under furnishing of personal bond and two sureties subject to conditions of not tampering, attending court, avoiding unlawful activities, and not mi
What the court decided
Court No. - 40
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4047 of 2019
Applicant :- Shivam Opposite Party :- State Of U.P. Counsel for Applicant :- Uttam Kumar Counsel for Opposite Party :- G.A.
Hon'ble Harsh Kumar,J.
Counter affidavit filed by learned A.G.A. today in the Court be taken on record.
Heard learned counsel for applicant, learned A.G.A. and perused the record.
Learned counsel for applicant contended that applicant has been falsely implicated in the present case; that as per averments made in F.I.R. lodged by Ashok Kumar Verma, his minor daughter was enticed away by co-accused Harikishan and applicant is alleged to have provided help to him; that applicant did not provide any help to Harikishan in enticing away the prosecutrix; that applicant has not committed any offence of kidnapping her; that main accused Harikishan has been granted bail by another Bench of this Court vide order dated 25.3.2019 passed in Criminal Misc. Bail Application No.11589 of 2019, copy of which has been produced for perusal and taken on record; that applicant has no criminal history; that applicant undertakes that he will not misuse liberty of bail; that applicant is in custody since 13.07.2018.
Learned A.G.A. opposed the prayer of bail.
Issues for consideration
2 issues framed by the court
Whether the applicant Shivam is entitled to bail in view of false implication and complicity with a co-accused who secured bail.
Whether the grant of bail is justified without commenting on the merits of the charges of kidnapping and enticement under IPC and POCSO.
Parties & counsel
- applicant
Shivam
Coram
Harsh Kumar
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · May
- Registered
- Case no.
- BAIL/4047/2019
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