Allowed

Shivkumar and Another v. State of U.P.

Allahabad HC14 Oct 2022BAIL/43569/2022

Case brief

AI extract

What is this about?

The High Court granted bail to applicants accused of assault in a case under various IPC sections, imposing strict conditions regarding attendance, filing of undertakings, and consequences of misuse, noting the low probability of trial conclusion in the near future.

What did the court decide?

Applicants released on bail on furnishing a personal bond and two reliable sureties each of the like amount to the satisfaction of the court concerned.

Shivkumar and Another Vs State of U.P. — Anticipatory Bail | Allahabad HC (2022)

¶1

Court No. - 92

¶2

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 43569 of 2022

¶3

Applicant :- Shivkumar And Another Opposite Party :- State of U.P. Counsel for Applicant :- Vijay Bahadur Shivhare Counsel for Opposite Party :- G.A.

¶4

Hon'ble Gajendra Kumar,J.

¶5

Heard learned counsel for the applicants as well as learned Additional Government Advocate for the State of U.P. and perused the record.

¶6

The present bail application has been filed by the applicants seeking bail in Case Crime No.20 of 2019, under Sections 323, 325, 504, 506, 308 IPC, Police Station- Sumerpur, DistrictHamirpur.

¶7

As per prosecution story, one Naresh gave an information before the police station concerned, in which it has been alleged that two persons came there and they assaulted them by Axe and Iron rod.

¶8

Learned counsel for the applicants submitted that the applicants are innocent and have been falsely implicated in the present crime. It is further submitted that the applicants are farmers, they were irrigating the land number of farmers also irrigating their land how what manner the alleged injured receive injury. The injuries are simple in nature. It is also submitted that there is no apprehension that after being released on bail, they may flee from the course of law or may, otherwise, misuse the liberty of bail and the applicants are in jail since 01.09.2022 and the possibility of conclusion of trial in near future is very bleak.

¶9

Learned A.G.A. has opposed the prayer for grant of bail, but he has not disputed the above contention made by the learned counsel for the applicants.

¶10

Considering the facts and circumstances of the case, perusing the record and also considering the nature of allegations, arguments advanced by the learned counsel for the parties and without expressing any opinion on the merit of the case, I find it to be a fit case for granting bail.

¶11

Let applicants- Shivkumar and Bhupendra @ Gonda be released on bail in the aforesaid Case Crime Number on his

¶12

furnishing personal bond and two reliable sureties each of the like amount to the satisfaction of the court concerned subject to following conditions:-

¶13

(i) The applicants 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. 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.

¶14

(ii) The applicants 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 them under Section 229-A of the Indian Penal Code.

¶15

(iii) In case, the applicants misuse 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 fail to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against them, in accordance with law, under Section 174-A of the Indian Penal Code.

¶16

(iv) The applicants 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. 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 them in accordance with law.

¶17

Any violation of above conditions will be treated misuse of bail and learned Court below will be at liberty to pass appropriate order in the matter regarding cancellation of bail.

¶18

Order Date :- 14.10.2022 Sanjeet

¶19

Digitally signed by SANJEET KUMAR YADAV Date: 2022.10.14 17:05:16 IST Reason: Location: High Court of Judicature at Allahabad

Shivkumar and Another v. State of U.P.

Case brief

What is this about?

What did the court decide?

Shivkumar and Another 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

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Munendra Kumar Vs State of U.P.

Abrar Vs State of U.P.

Vikas Rastogi Vs State of U.P.

Sonu Yadav Vs State of U.P.

Mohammad Farhaj Vs State of U.P.

Sarfaraz @ Monu Vs State of U.P.