Allowed

Shivam Gupta v. State of U.P. Thru. Prin. Secy. Home Lko.

Allahabad HC24 Nov 2022/12550/2022

Case brief

AI extract

What is this about?

The High Court of Judicature at Allahabad granted bail to the applicant in a trial involving an attempt to murder charge, releasing him on personal and surety bond subject to four specific conditions preventing tampering with evidence and ensuring appearance in court.

What did the court decide?

Applicant released on bail on furnishing personal bond and two sureties with four specific undertakings.

Shivam Gupta Vs State of U.P. Thru. Prin. Secy. Home Lko. — Bail and Remand | Allahabad HC (2022)

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Court No. - 27

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12550 of 2022

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Applicant :- Shivam Gupta Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Virendra Nath Mishra,Vimal Kishor Singh Counsel for Opposite Party :- G.A.

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Hon'ble Shree Prakash Singh,J.

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Heard learned counsel for the applicant as well as Mr. Brijesh Kumar Awasthi, learned A.G.A. appearing for the State and perused the record.

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Instant bail application has been filed on behalf of the applicant with a prayer to release the applicant on bail during the trial in Case Crime No. 304 of 2022, under Section 307 IPC, P.S. - Madiyaon, District - Lucknow.

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The counsel appearing for the applicant contents that the applicant is innocent and he has been falsely implicated in the instant matter. He next added that there are allegations against the present applicant including three accused persons for beating the injured. He next added that the identical situated co-accused Harsh Wardhan Singh @ Harshit Singh has already been enlarged on bail vide order dated 06.09.2022 passed in Criminal Misc. Bail Application No.8546 of 2022. The applicant is seeking parity of the order aforesaid. He added that the applicant has explained criminal history in para 16 of the bail application. He next added that the applicant is a law abiding citizen and is languishing in jail since 08.07.2022. He submits that the applicant undertakes that in case, he is granted bail, he will not misuse the liberty and would cooperate in the trial proceedings.

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Per contra, learned AGA appearing for the State vehemently opposed the contention aforesaid but could not dispute the fact that the identical situated co-accused has already been enlarged on bail.

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Considering the submissions of learned counsel for the parties, nature of accusation and severity of punishment in case of conviction, nature of supporting evidence, prima facie satisfaction of the Court in support of the charge, reformative theory of punishment and considering larger mandate of the Article 21 of the Constitution of India and, without expressing any view on the merits of the case, I find it to be a case of bail.

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Let the applicant- Shivam Gupta involved in the aforementioned crime be released on bail, on his furnishing a personal bond and two sureties each in the like amount, to the satisfaction of the court concerned, with the following conditions:-

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(1) The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, or otherwise during the investigation or trial;

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(2) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. He shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence,

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without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code;

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(3) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C.; and

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(4) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, the trial court shall initiate proceedings against him, in accordance with law under Section 174-A of the Indian Penal Code.

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The identity, status and residential proof of sureties will be verified by the court concerned and in case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail and send the applicant to prison.

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It is clarified that the observations made in this order are strictly confined to the disposal of this bail application and must not be construed to have any reflection on the merits of the case.

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Order Date :- 24.11.2022 KR

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(Shree Prakash Singh,J.)

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Digitally signed by RABINDRA KUMAR Date: 2022.11.25 17:43:23 IST Reason: Location: High Court of Judicature at Allahabad, Lucknow Bench

Shivam Gupta v. State of U.P. Thru. Prin. Secy. Home Lko.

Case brief

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Shivam Gupta v. State of U.P. Thru. Prin. Secy. Home Lko.

Case brief

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What did the court decide?

What the court decided

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