Shivam v. State of U.P. through Secretary Dept. of Home Secretariat Lucknow and Ors.
Case brief
What is this about?
Allahabad High Court, Lucknow Bench (Dinesh Kumar Singh, J.), order dated 30.5.2022 in Criminal Misc. Bail Application No. 49 of 2022 — Shivam v. State of U.P. — bail under Section 439 Cr.P.C. granted in Case Crime No. 261 of 2019 (Sections 376-D IPC; Section 5(g)/6 POCSO Act), Police Station Maholi, District Sitapur, on parity with co-accused Omkar alias Heeru (bail granted 9.5.2022 in Criminal Misc. Bail Application No. 675 of 2022); applicant in custody since 7.11.2021; bail conditions referencing Sections 229-A and 174-A IPC and Sections 82 and 313 Cr.P.C.
What did the court decide?
Applicant Shivam released on bail in Case Crime No. 261 of 2019 on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the Court concerned, with conditions: (i) undertaking not to seek adjournment on dates fixed for evidence when witnesses are present; (ii) presence before the trial court on each date, failing which proceedings may be initiated under Section 229-A of the Indian Penal Code; (iii) if liberty of bail is misused, proclamation under Section 82 Cr.P.C. is issued and the applicant fails to appear, proceedings under Section 174-A of the Indian Penal Code; (iv) personal presence on dates fixed for opening of the case, framing of charge and recording of statement under Section 313 Cr.P.C.