Allowed

Shiv Kumar v. State of U.P.

Allahabad HC7 Sept 2022BAIL/32707/2022

Case brief

AI extract

What is this about?

This Criminal Misc. Bail Application was filed by Shiv Kumar, accused of causing death in a truck accident. The Court, hearing arguments from both sides, held that the applicant made out a case for bail and allowed the application, permitting release on furnishing a personal bond and sureties subject to standard conditions.

What did the court decide?

Release on bail by furnishing a personal bond and two heavy sureties subject to standard conditions.

Shiv Kumar Vs State of U.P. — Cheque Dishonour | Allahabad HC (2022)

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Court No. - 76

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 32707 of 2022

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Applicant :- Shiv Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Devottam Pandey,Sandeep Pandey Counsel for Opposite Party :- G.A.

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Hon'ble Subhash Chandra Sharma,J.

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Heard learned counsel for the applicant as well as learned A.G.A. for the State and perused the record.

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It is submitted that in this case applicant has been falsely implicated for causing death of two persons in an accident by driving a truck rashly and negligently as a result the truck collided with the boundary wall of the G.I.C. which fell on two persons those present there and they died on the spot. Further submitted that the F.I.R. was lodged against unknown persons but during investigation this applicant was roped in this case. It is also submitted that this applicant had valid driving licence at the time of alleged incident and he did not cause death of the deceased with intention, knowledge and deliberation. Initially F.I.R. was lodged u/s 279, 304A I.P.C. but later on it was converted into Section 304 I.P.C. for adding gravity to the offence. There is no criminal antecedent against the applicant and he is in jail since 05.05.2022, therefore, requested for bail. In case he is released on bail, he will not misuse the liberty of bail and will co-operate in trial.

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Learned A.G.A. opposed the prayer for bail.

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Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.

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Let the applicant Shiv Kumar involved in Case Crime No.70 of 2022, under Sections 279, 304 I.P.C., Police Station Gyanpur, District Bhadohi, be released on bail on furnishing a personal bond and two heavy sureties each in the like amount to the satisfaction of the court concerned subject to following conditions.

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The applicant will not tamper with the evidence during the trial.

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The applicant will not pressurize/ intimidate the prosecution witness.

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The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.

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The applicant shall not commit an offence similar to the offence of which he is accused, or suspected of the commission of which he is suspected.

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The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.

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In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court.

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Order Date :- 7.9.2022 Ashok Gupta

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Digitally signed by ASHOK KUMAR GUPTA Date: 2022.09.08 15:22:26 IST Reason: Location: High Court of Judicature at Allahabad

Shiv Kumar v. State of U.P.

Case brief

What is this about?

What did the court decide?

Shiv Kumar v. State of U.P.

Case brief

What is this about?

What did the court decide?

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