The High Court granted bail to the applicant charged with attempt to murder under Section 307 IPC. The court imposed strict conditions regarding appearance, cooperation, and prohibition of tampering with evidence, ordering a personal bond and two local sureties.
Released on bail on furnishing a personal bond and two local sureties each of the like amount.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 72
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 22252 of 2020
Applicant :- Shivam Pandey Opposite Party :- State of U.P. Counsel for Applicant :- Alok Kumar Dave,Dhirendra Kumar Srivastava
Counsel for Opposite Party :- G.A.
Hon'ble Neeraj Tiwari,J.
Heard learned counsel for the applicant, learned AGA for the State and perused the material placed on record.
It is contended by the learned counsel for the applicant that the applicant is wholly innocent and he has been falsely implicated in the present case on account of enmity. In fact some scuffle took place between the parties resulting into lodging of this F.I.R. It is next contended that applicant has also submitted an application under Section 156(3) Cr.P.C against the informant. It is further submitted that the applicant has also received 13 injuries in the said incident. The applicant does not have any criminal history. There are no chances of the applicant of fleeing away from the judicial process or tampering with the prosecution evidence. The applicant is in jail since 14.03.2020 and in case he is enlarged on bail, he will not misuse the liberty of bail.
Learned A.G.A. has opposed the prayer for bail, but could not dispute the aforesaid facts.
Considering the facts and circumstances of the case and also perusing the material on record, without expressing any opinion on the merit of the case, let the applicant -Shivam Pandey, involved in case crime No. 32 of 2020, under Section 307 IPC, police station -Rudhauli, District -Basti be released on bail on his furnishing a personal bond and two local sureties each of the like amount to the satisfaction of court concerned. It is further provided that this bail order available on the official website of the High Court will be taken to be the authentic one and certified copy shall be submitted before that court concerned as soon as it is issued.
This bail order would be subject to the fulfillment of following conditions:-
by intimidating/ pressurizing the witnesses, during the investigation or trial.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Order Date :- 10.9.2020 Sartaj
Digitally signed by Justice Neeraj Tiwari Date: 2020.09.10 16:50:03 IST Reason: Document Owner Location: High Court of Judicature at Allahabad
3 issues framed by the court
whether the applicant Shivam Pandey should be released on bail in an attempt to murder case under Section 307 IPC.
what conditions should be imposed on the grant of bail to an accused with injuries in custody.
whether forged implication by the informant can be established at the bail stage.
5 provisions across 5 enactments
Shivam Pandey
State of U.P.
Neeraj Tiwari
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
