Allowed

Deepak @ Shiv Kumar v. State of U.P.

Allahabad HC6 Feb 2020BAIL/4807/2020

Case brief

AI extract

What is this about?

This bail application under Section 439 Cr.P.C. was heard by Samit Gopal, J. The applicant sought enlargement on bail during trial in a murder case. The court granted bail subject to strict conditions regarding attendance, behavior, and cooperation with the trial court to ensure expeditious disposal.

What did the court decide?

Applicant released on bail by personal bond and two sureties with specific conditions regarding attendance, no tampering with evidence, and cooperation with trial proceedings.

Deepak @ Shiv Kumar Vs State of U.P. — Murder and Culpable Homicide | Allahabad HC (2020)

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Court No. - 16

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4807 of 2020 Applicant :- Deepak @ Shiv Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Kapil Tyagi Counsel for Opposite Party :- G.A.,Brijesh Kamal,Mohd. Raes Ansari,Tariq Maqbool Khan

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Hon'ble Samit Gopal,J.

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Vakalatnama filed by Sri Tariq Maqbool Khan on behalf of the first informant is taken on record.

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Heard Sri Kapil Tyagi, learned counsel for the applicant, learned counsel for the first informant and the learned A.G.A.

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This bail application under Section 439 of Code of Criminal Procedure has been filed by the applicant, Deepak @ Shiv Kumar, seeking enlargement on bail during trial in connection with Case Crime No. 185 of 2019, under Sections 302, 201, 394, 34 I.P.C., registered at P.S. Badalpur, District Gautam Budh Nagar.

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Learned counsel for the applicant argued that the incident in the present case took place on 21.06.2019 wherein an F.I.R was lodged against unknown persons. The deceased is the cousin of the applicant being son of his Fufa. He has further drawn the attention of the Court to the GD annexed as Annexure- 11 dated 29.09.2019 in which the police informer has informed the police that he had come to know that one Parvender is involved in the matter who is the cousin of the deceased. He further argued that subsequently, in the statement of Smt. Chotan mother of the deceased she has raised suspicion about the involvement of Parvender in the matter. He further draws attention to Annexure- 13 of the affidavit which is dated 01.10.2019 being the information as received by the police again from its informer that he has come to know that in present Parvender, Deepak and Chaman Lal are involved. It has further been argued that there is no other cogent and reliable evidence against the applicant. It is further argued that there is no recovery of any incriminating material from the applicant. The applicant is in jail since 07.11.2019 having no criminal history.

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Per contra learned A.G.A and learned counsel for the complainant opposed the prayer for bail and argued that the applicant is a close relative of the deceased involved in the matter. There was no reason to falsely implicate him but could not dispute the arguments as raised by the learned counsel for the applicant.

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Let the applicant, Deepak @ Shiv Kumar , be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:-

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i) The applicant will not tamper with prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever.

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ii) The applicant will abide the orders of court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever.

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(iii) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the date fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law.

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(iv) The applicant will not misuse the liberty of bail in any manner whatsoever. In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under section 82 Cr.P.C., may be issued and if applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under section 174-A I.P.C.

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(V) The applicant shall remain present, in person, before the trial court on dates fixed for (1) opening of the case, (2) framing of charge and (3) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law and the trial court may proceed against him under Section 229A IPC.

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(vi) The trial court may make all possible efforts/endeavour and try to conclude the trial expeditiously after the release of the applicant.

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The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.

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Order Date :- 6.2.2020/AS Rathor

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(Samit Gopal,J.)

Deepak @ Shiv Kumar v. State of U.P.

Case brief

What is this about?

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Deepak @ Shiv Kumar v. State of U.P.

Case brief

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