Allowed

Shivkant v. State of U.P. and Another

Allahabad HC2 Dec 2022BAIL/29968/2022

Case brief

AI extract

What is this about?

The High Court granted bail to the applicant in a murder prosecution. The court found the application fit for bail due to the nature of the complicity, severity of punishment, and parity of circumstances with a co-accused already on bail. Several specific conditions were imposed.

What did the court decide?

The applicant shall be released on bail upon furnishing a personal bond and two sureties, subject to specific conditions of attendance and conduct during the trial.

Shivkant Vs State of U.P. and Another — Murder and Culpable Homicide | Allahabad HC (2022)

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Court No. - 76

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 29968 of 2022 Applicant :- Shivkant Opposite Party :- State of U.P. and Another Counsel for Applicant :- Neeraj Kumar Pandey,Jitendra Singh Gaur Counsel for Opposite Party :- G.A.

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Hon'ble Shekhar Kumar Yadav,J.

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Heard learned counsel for the applicant, learned AGA for the State and perused the record.

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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. 05 of 2022, under Sections 120-B, 302, 34 IPC, P.S. Derapur, District Kanpur Dehat.

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It is contended that the applicant is innocent and has been falsely implicated in this case. It is contended that applicant is not named in the FIR and name of the applicant came into light in the statement of the other co accused namely Neeraj Kori. It is further submitted that the main role is assigned to co accused Neeraj Kori. It is further submitted that co accused Kamal Verma, who has been assigned the role of assault with other co accused persons has already been granted bail by this Court. The applicant is in jail since 15.01.2022 and has no criminal history.

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It is next submitted that similarly placed co-accused Kamal Verma, has been granted bail by this Court vide order dated 20.10.2022 passed in Criminal Misc. Bail Application No. 29897 of 2022, therefore, applicant is also entitled to be released on bail on the ground of parity.

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I have perused the bail order of co accused and find that the role assigned to the present applicant is almost similar to that of co accused person who has already been enlarged on bail by this court.

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On the other hand, learned A.G.A. opposes the application for bail.

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Upon hearing learned counsel for the parties, perusal of record and considering the complicity of accused, severity of punishment as well as totality of facts and circumstances, at this stage without commenting on the merits of the case, I find it a fit case for bail.

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Let the applicant- Shivkant, who is involved in aforementioned case 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 subject to following conditions. Further, before issuing the release order, the sureties be verified.

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(i) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the date fixed for evidence when the witnesses are present in Court. In case of default of this condition, it shall be open for the Trial Court to treat it as abuse of liberty of bail and pass orders in accordance with law.

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(ii) The applicant shall remain present before the Trial Court on each date

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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 IPC.

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(iii) 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., may be issued and if applicant fails to appear before the Court on the date fixed in such proclamation, then, the Trial Court shall initiate proceedings against him, in accordance with law, under Section 174-A IPC.

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(iv) The applicant shall remain present, in person, before the Trial Court on dates fixed for (1) opening of the case, (2) framing of charge and (3) recording of statement under Section 313 Cr.P.C. If in the opinion of the Trial Court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the Trial Court to treat such default as abuse of liberty of bail and proceed against him in accordance with law.

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(v) The Trial Court may make all possible efforts/endeavour and try to conclude the trial within a period of one year after the release of the applicant.

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In case of breach of of any of the above conditions, it shall be a ground for cancellation of bail.

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It is made clear that observations made in granting bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses.

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Order Date :- 2.12.2022/RavindraKSingh

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Digitally signed by RAVINDRA KUMAR SINGH Date: 2022.12.02 16:45:26 IST Reason: Location: High Court of Judicature at Allahabad

Shivkant v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Shivkant v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

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