The Court granted bail to the applicant, Sham @ Shiva @ Bholu, accused of offences under Sections 147, 148, 149, 212, and 302 IPC. The applicant was released on furnishing a personal bond with two sureties.
Release of the applicant on bail by furnishing a personal bond and two sureties in the like amount.
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Court No. - 75 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 32025 of 2021 Applicant :- Shivam @ Shiva @ Bholu Opposite Party :- State of U.P. Counsel for Applicant :- Kamlesh Kumar Dwivedi Counsel for Opposite Party :- G.A.,Ram Prakash Dwivedi
Hon'ble Saumitra Dayal Singh,J.
(i) against FIR lodged on 19.12.2020, the applicant is in confinement since 30.3.2021;
(ii) the applicant claims to have cooperated in the investigation;
(iii) the applicant has no criminal history;
(iv) charge-sheet has already been submitted yet there is no hope of early conclusion of the trial;
(v) on prima facie basis, only for purpose of grant of bail, it has been submitted by learned counsel for the applicant, though the applicant was named in the FIR, his name surfaced during investigation purely on the confessional statement of the coaccused, though the applicant claims to have been falsely implicated. In any case, the main accused Bhanu Pratap Mudgal, who was named in the FIR, has been granted bail by
this Court in Criminal Misc. Bail Application No. 25928 of 2021 vide order dated 26.10.2021. At present, it is asserted that the applicant was not involved in the henious offence and there is no material to proceed against the applicant.
(vi) in any case, no reasonable apprehension has been brought to the fore by the State and or the informant that the applicant, if enlarged on bail, would either tamper with the evidence or delay the trial or intimidate the witness.
(i) The applicant shall not tamper with the prosecution evidence by intimidating/pressuring the witness, during the investigation or trial.
(ii) The applicant shall cooperate in the trial sincerely without seeking any adjournment.
(iii) The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
Order Date :- 1.12.2021 Prakhar
1 issue framed by the court
Whether the applicant, accused in a case under Sections 147, 148, 149, 212, 302 IPC, should be released on bail during the pendency of trial.
Shivam @ Shiva @ Bholu
State of U.P.
Saumitra Dayal Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
