Allowed

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

Allahabad HC10 Nov 2022/9922/2022

Case brief

AI extract

What is this about?

The Court granted bail to the applicant in a charge of attempt to murder, observing that despite the severity of the charge, no cogent evidence linked him to the case and a co-accused has been released on bail. Bail was granted subject to strict conditions regarding witness safety and court attendance.

What did the court decide?

Applicant released on bail on personal bond and two sureties subject to strict conditions to prevent tampering and ensure presence.

Shivam Yadav Vs State of U.P. Thru. Prin… — Murder and Culpable Homicide | Allahabad HC (2022)

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Court No. - 27

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9922 of 2022

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Applicant :- Shivam Yadav Opposite Party :- State Of U.P. Thru. Prin. Secy. Home. Lko. Counsel for Applicant :- Shivesh Nath Dubey Counsel for Opposite Party :- G.A.

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Hon'ble Shree Prakash Singh,J.

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Supplementary affidavit filed today is taken on record.

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Heard learned counsel for the applicant, Sri Aniruddh Kumar Singh, learned A.G.A.-I for the State and perused the record.

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Instant bail application has been filed with a prayer to release the applicant on bail during the trial in Case Crime No. 19 of 2022, under Section 307 IPC, Police Station- Kotwali Nagar, District Balrampur.

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Learned counsel for the applicant submits that the applicant is innocent and he has been planted by the police in the instant case. He next added that as per the version of the first information report, the present applicant including other coaccused persons have opened fire over the police team but no injury was caused to them. He further added that there is no cogent piece of evidence against the applicant so as to connect him in the instant matter. He further submits that there are four cases previous criminal antecedent of the applicant which has been explained in para 3 of the supplementary affidavit. The applicant is a law abiding citizen and he is languishing in jail since 16.01.2022. In case, he is granted bail, he will not misuse the liberty of bail and would cooperate in the trial proceedings.

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He next submits that identical situated co-accused Ajeet Kumar @ Ajeet Kumar Dubey has already been granted bail by a coordinate Bench of this Court in Criminal Misc. Bail Application No.10121 of 2022 vide order dated 06.09.2022. The applicant is seeking parity of the order aforesaid.

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On the other hand, learned A.G.A. for the State vehemently opposed the contention aforesaid but he could not dispute the fact that identical situated co-accused has been granted bail by a co-ordinate Bench of this Court.

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Thus, considering the submissions of learned counsel of both sides, nature of accusation and severity of punishment in case

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of conviction, nature of supporting evidence, prima facie satisfaction of the Court in support of the charge, reformative theory of punishment and without expressing any view on the merits of the case, I find it to be a fit case for bail.

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Let the applicant- Shivam Yadav 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, 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 :- 10.11.2022 A.Kr*

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Digitally signed by AJAY KUMAR Date: 2022.11.11 10:31:58 IST Reason: Location: High Court of Judicature at Allahabad, Lucknow Bench

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

Case brief

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Shivam Yadav 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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