Allowed

Shivam Shakya v. State of U.P.

Allahabad HC21 Oct 2022BAIL/34847/2022

Case brief

AI extract

What is this about?

The Court allowed the bail application filed by Shivam Shakya in a charge sheet case alleging affray and attempt to murder. The Court noted the applicant was falsely implicated, had no prior record, and while co-accused were bailed, they were not specifically alleged to have instigated or acted violently in his absence.

What did the court decide?

Applicant released on bail on personal bond and two sureties, subject to conditions regarding tampering with evidence, influencing witnesses, and appearing before the trial court.

Shivam Shakya Vs State of U.P. — Bail and Remand | Allahabad HC (2022)

¶1

Court No. - 79

¶2

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 34847 of 2022

¶3

Applicant :- Shivam Shakya Opposite Party :- State of U.P. Counsel for Applicant :- Satendra Singh Counsel for Opposite Party :- G.A.

¶4

Hon'ble Subhash Vidyarthi,J.

¶5

1.Heard Sri Satendra Singh, the learned counsel for the applicant, Sri Arun Kumar Pandey, the learned A.G.A. for the State and perused the record.

¶6

2.The present bail application has been filed by the applicant with the prayer to enlarge him on bail in Case Crime No. 158 of 2022, under Sections 147, 148, 149, 307, 323 and 504 I.P.C., P.S. Kishni, District Mainpuri.

¶7

3.The aforesaid case has been registered on the basis of an F.I.R. lodged against six named accused persons, including the applicant, alleging that all the accused persons caught hold the informant's son and the co-accused Dr. Surendra Singh assaulted him with a spade and thereafter all the accused persons assaulted him with iron-pipes, axe and spade.

¶8

4.It has been averred in the affidavit filed in support of the bail application that the applicant is an innocent person, he has been falsely implicated in the case, he is having no previous criminal history and he is in jail since 21-06-2022.

¶9

The applicant was arrested and the police claims that the spade was recovered on his pointing out.

¶10

The learned counsel for the applicant has submitted that apart from the applicant all the co-accused persons have already been granted bail in the present case including Dr. Surendra Singh against whom there is an specific allegation of having made an assault with an axe and copies of the bail orders have been supplied by the learned counsel for the applicant.

¶11

7.The learned A.G.A., on the basis of instructions has opposed the prayer for grant of bail to the applicant. However, he could not dispute the aforesaid aspects of the case.

¶12

8.Having considered the aforesaid facts and submissions and keeping in view the fact that the F.I.R. does not contain any specific allegation against the applicant; that although the police claimed that the spade has been recovered from the pointing out of the applicant, there is no specific allegation against the

¶13

applicant having made any blow with the spade and that remaining all the other co-accused persons have already been granted bail, I am of the view that the applicant is entitled to be released on bail pending conclusion of the trial. The bail application is accordingly allowed.

¶14

9.Let the applicant - Shivam Shakya be released on bail in Case Crime No. 158 of 2022, under Sections 147, 148, 149, 307, 323 and 504 I.P.C., P.S. Kishni, District Mainpurion his furnishing a personal bond and two reliable sureties each of the like amount to the satisfaction of the court concerned subject to following conditions:-

¶15

(i) The applicant will not tamper with the evidence during the trial.

¶16

(ii) The applicant will not influence any witness.

¶17

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

¶18

(iv) The applicant shall not directly or indirectly make 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 to any police officer or tamper with the evidence.

¶19

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

¶20

Order Date :- 21.10.2022

¶21

pks

¶22

Digitally signed by PANKAJ KUMAR SRIVASTAVA Date: 2022.10.21 15:58:21 IST Reason: Location: High Court of Judicature at Allahabad

Shivam Shakya v. State of U.P.

Case brief

What is this about?

What did the court decide?

Shivam Shakya v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Pappu Shah Vs State of U.P.

Maharban Vs State of U.P.

Shakeel Vs State of U.P.

Anita Devi and 3 Others Vs State of U.P.

Rajesh Pal Vs State of U.P.

Vipin Kumar Yadav Vs State of U.P.