Allowed

Shiv Shankar v. State of U.P.

Allahabad HC1 Feb 2021BAIL/4313/2021

Case brief

AI extract

What is this about?

Criminal Misc. Bail Application allowed. The Court granted bail to the applicant charged with Sections 304 and 504 IPC for the death of his family relation after an altercation. The applicant was directed to execute a personal bond and furnish two sureties subject to conditions regarding attendance and witness tampering.

What did the court decide?

Aplicant released on bail on execution of personal bond and furnishing two sureties subject to attendance and conduct conditions.

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

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Court No. - 90

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4313 of 2021

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Applicant :- Shiv Shankar Opposite Party :- State of U.P. Counsel for Applicant :- Bipin Kumar Counsel for Opposite Party :- G.A.

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Hon'ble Ajit Singh,J.

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Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material on record.

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By means of this application, the applicant who is involved in Case Crime No. 154 of 2020, under Sections 304 and 504 I.P.C., P.S. Ghorawal, district-Sonebhadra, is seeking enlargement on bail during the trial.

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The first information report of the incident was lodged by the complainant Yashoda Devi about the death of her husband Ram Nath Yadav, alleging therein that on 17.11.2020 at about 7:20 a.m. the accused persons Shiv Shankar and Dinesh Kumar after hurling abuses assaulted her husband with lathi-danda, causing serious injuries to him. Later on during treatment the deceased has died.

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Learned counsel for the applicant has submitted that the applicant is absolutely innocent and has been falsely implicated in the present case. He next submits that the accused person had also lodged the FIR against the complainant side, which was registered as Case Crime no. 162 of 2020, in which the son of the deceased Rama Shankar was nominated as main accused. Further submission is that the incident was neither preplanned nor premeditated and it happened at the spur of moment due to simple altercation in the family over repairing of bicycle. He also submits that accused side has also suffered injuries, their injury report is annexed as Annexure-6. He lastly submits that the applicant, who is in jail since 22.11.2020 and has no criminal antecedents to his credit is entitled to be enlarged on bail during pendency of the trial.

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The prayer for bail has been vehemently opposed by learned A.G.A.

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Keeping in view the nature of the offence, evidence, complicity of the accused, severity of the punishment, submissions of learned counsel for the parties and without expressing any opinion on the merits of the case,

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this Court is of the view that the applicant is entitled to be enlarged on bail during the pendency of the trial.

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Let the applicant, Shiv Shankar be released on bail in the aforesaid case on his executing a personal bond and furnishing two 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 continue to attend and co-operate in the trial pending before the court concerned on the date fixed after release.

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He will not tamper with the witnesses.

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He will not indulge in any illegal activities during the bail period.

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It is further directed that the identity, status and residence proof of the sureties be verified by the authorities concerned before they are accepted.

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In case of breach of any of the above conditions, the trial court will be at liberty to cancel the bail.

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The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by learned counsel for the applicant along with a self attested identity proof of the said persons (preferably Aadhar Card) mentioning the mobile number (s) to which the said Aadhar Card is linked before the concerned Court/Authority/Official.

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The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.

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Order Date :- 1.2.2021 Faridul

Shiv Shankar v. State of U.P.

Case brief

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Shiv Shankar v. State of U.P.

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