Allowed

Shivam Katara v. State of U.P.

Allahabad HC6 Dec 2021BAIL/20810/2021

Case brief

AI extract

What is this about?

Single judge allowed the bail application of Shivam Katara accused in a dacoity case. The court held that a case is made out despite criminal antecedents as the applicant was not named in the FIR and no incriminating recovery was made from him.

What did the court decide?

Applicant to be released on bail on executing a personal bond and two sureties to the satisfaction of the court concerned.

Shivam Katara Vs State of U.P. — Bail and Remand | Allahabad HC (2021)

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Court No. - 75

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 20810 of 2021

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Applicant :- Shivam Katara Opposite Party :- State of U.P. Counsel for Applicant :- Punya Sheel Pandey Counsel for Opposite Party :- G.A.

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Hon'ble Ram Krishna Gautam,J.

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Heard over bail application moved by applicant, Shivam Katara, in Case Crime No. 295 of 2019, under Section- 396 I.P.C., P.S. G.R.P. Mathura, District- Mathura.

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Learned counsel for the applicant argued that the accusedapplicant is innocent; he has been falsely implicated in this very case crime number and is languishing in jail since 12.8.2019; there is no likelihood of fleeing from course of justice or tempering with evidence in case of release on bail; it was a case got lodged against unknown persons; name of the applicant surfaced on the basis of confessional statement made by coaccused and the co-accused Pawan Chauhan @ Shaligram, has been enlarged on bail vide order dated 29.7.2020, by this Court itself; the applicant is having criminal antecedents but those criminal antecedents are explained in supplementary affidavit, they have been implicated at a time by police on the basis of confessional statement and name therein; bail in some of cases have been granted whereas in some cases applications have been moved. Hence, bail has been prayed for.

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Learned AGA has vehemently opposed with this contention that applicant is of criminal antecedents, narrated as above.

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Having heard learned counsels for both sides and gone through materials placed on record, it is apparent that in present case applicant was neither named in FIR nor was there any incriminating recovery from him; his name was there on the basis of confessional statement made by Police and co-accused have been enlarged on bail; though there is criminal antecedents of applicant but merely on the basis of criminal antecedents, bail in a case like present one may not be denied; however, applicant will be released on a surety specifically to the satisfaction of trial Court concerned.

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Considering all above facts and circumstances, the nature of accusations, severity of the punishment in the case of conviction and nature of supporting evidence, reasonable

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apprehension of tampering with the witness and prima facie case, but, without commenting on merits of the case, a case for bail is made out.

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Accordingly, the bail application is allowed.

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Let the applicant, Shivam Katara , involved in above mentioned case crime number be released on bail, on his executing a personal bond and two reliable sureties, each, in the like amount, to the satisfaction of the court concerned, subject to the following conditions:

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The applicant will not tamper with the evidence.

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The applicant will not indulge in any criminal activity.

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The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial.

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The applicant will appear regularly on each and every date fixed by the trial court, unless his personal appearance is exempted through counsel by the court concerned.

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In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail.

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Order Date :- 6.12.2021

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Kamarjahan

Shivam Katara v. State of U.P.

Case brief

What is this about?

What did the court decide?

Shivam Katara v. State of U.P.

Case brief

What is this about?

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What the court decided

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