Shivam v. State of U.P.
Case brief
What is this about?
Single judge of Allahabad High Court granted bail to the applicant in a case under the UP Gangsters Act besides imposing strict conditions to ensure absence and prevent abuse of bail.
What did the court decide?
Release of the applicant on bail with personal bond and two sureties subject to specific conditions regarding appearance and undertaking.
What the court decided
Court No. - 69
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 19112 of 2021
Applicant :- Shivam Opposite Party :- State of U.P. Counsel for Applicant :- Avanish Kumar Shukla,Mithilesh Kumar Shukla Counsel for Opposite Party :- G.A.
Hon'ble Shekhar Kumar Yadav,J.
Heard learned counsel for the applicant, learned AGA for the State and perused the record.
This bail application under Section 439 of Code of Criminal Procedure has been filed by the applicant seeking enlargement on bail during the trial in Case Crime No. 818 of 2019, under Section 2/3 of UP Gangsters and Anti Social Activities (Prevention) Act, 1986, P.S. Shikohabad, District Firozabad.
It is contended by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. It is further contended that two cases have been shown against the accused-applicant in the gang chart, in which the applicant is on bail. Copy of gang-chart and bail order have been annexed as Annexure Nos.2 and 3 respectively to the bail application. The applicant is in jail since 24.08.2019.
It is further submitted that co accused Sumit Yadav, Bhola @ Shivshankar@Shiv Shekhar and Santosh have already been granted bail by this Curt vide orders dated 8..4.2021, 1.2.2021 and 5.3.2020 passed in Criminal Misc Bail Application Nos. 16577 of 2021, 6902 of 2021 and 9989 of 2020 respectively.
Issues for consideration
2 issues framed by the court
Whether the present case involves any fit case for granting bail to the accused during trial.
Whether the conditions of bail to ensure appearance and prevent abuse of liberty should be made applicable to the applicant.
Parties & counsel
- applicant
Shivam
Coram
Shekhar Kumar Yadav
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · July
- Registered
- Case no.
- BAIL/19112/2021
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