Shivam v. State of U.P.
Case brief
What is this about?
In this criminal bail application, the court granted bail to the applicant in a case involving robbery and criminal breach of trust. The applicant was directed to execute a personal bond and provide two sureties.
What did the court decide?
The applicant was released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned.
What the court decided
Court No. - 78
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8739 of 2021
Applicant :- Shivam Opposite Party :- State of U.P. Counsel for Applicant :- Yogendra Pal Singh Counsel for Opposite Party :- G.A.
Hon'ble Shekhar Kumar Yadav,J.
Heard learned counsel for the applicant through video conferencing , 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. 366 of 2020, under Sections 392, 411 I.P.C. at Police Station Babugarh, District Hapur.
It is contended by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case due to ulterior motive. There is no recovery from the possession of the applicant. Further contention made by the applicant is that charge sheet has been submitted hence there is no chance to temper with the evidence. Lastly, learned counsel for the applicant has submitted that co-accused Vipin has been granted bail by the co-ordinate Bench of this Court vide order dated 17.06.2021 passed in Criminal Misc. Bail Application No. 8739 of 2021.The applicant is in jail since 14.10.2020 and the applicant undertakes that in case he is released on bail, he will not misuse the liberty of bail and cooperate in trial.
On the other hand, learned A.G.A. opposes the application for bail.
Issues for consideration
1 issue framed by the court
Whether the applicant is eligible for bail under Section 439 Cr.P.C. in a case punishable under Sections 392 and 411 I.P.C.
Parties & counsel
- applicant
Shivam
Coram
Shekhar Kumar Yadav
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · June
- Registered
- Case no.
- BAIL/8739/2021
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