Allowed

Shiv Kumar v. State of U.P.

Allahabad HC21 Dec 2022BAIL/50416/2022

Case brief

AI extract

What is this about?

This bail application was allowed. The court observed that four co-accused persons had already been released on bail in similar circumstances and the case set up against the applicant was similar. The applicant was ordered to be released on bail with personal bond and two sureties.

What did the court decide?

Release of applicant on bail with personal bond and two sureties each in the like amount to the satisfaction of the court below.

Shiv Kumar Vs State of U.P. — Criminal Trial and Appeal | Allahabad HC (2022)

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Court No. - 79

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 50416 of 2022

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Applicant :- Shiv Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Hitesh Pachori Counsel for Opposite Party :- G.A.

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Hon'ble Subhash Vidyarthi,J.

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Heard Sri Hitesh Pachori, the learned counsel for the applicant, Sri Shashi Shekhar Tiwari, the learned Additional Government Advocate and perused the record.

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The instant application has been filed seeking release of the applicant on bail in Case Crime No. 0572 of 2022, under Sections 419, 420, 467, 468, 471 IPC, Sections 66 (C), 66 (D) of Information Technology Act, Police Station Jagdishpura, District Agra during pendency of the trial in the Court below.

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The aforesaid case has been registered on the basis of an F.I.R. lodged by an Inspector of Police against five named accused persons, including the applicant, alleging that on the basis of information received from a Mukhbir, the Police raided a house from where all the accused persons were arrested and some laptop, pen drive, mobile phones, cheque books and Registers, A.T.M. cards etc., were recovered from the house. It is alleged that all the accused persons confessed that they were involved in committing online frauds.

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In the affidavit filed in support of the bail application, it has been stated that the applicant is innocent and he has been falsely implicated in the present case and that he has no criminal history.

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The learned counsel for the applicant has submitted that four other co-accused persons Vikram, Manish Kumar, Rohit Kumar, Ashwani Singh have been granted bail in present case by means of orders dated 14.12.2022, 09.11.2022, 14.12.2022 and 02.12.2022 passed by this Court in Criminal Misc. Bail Application Nos. 49279 of 2022, 49721 of 2022, 49396 of 2022 and 53857 of 2022 respectively.

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The applicant is languishing in jail since 30.09.2022.

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Per contra, the learned Additional Government Advocate has opposed the prayer for grant of bail but he could not dispute the

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fact that the case set up against the applicant is similar to that set up against the other co-accused persons, who have already been released on bail.

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Having considered the aforesaid facts and circumstances and keeping in view the fact that all the five accused persons were arrested together and apart from the applicant, all the four coaccused persons have already been granted bail and the case set up against the applicant is similar to that set up against the other co-accused persons, who have already been released on bail, I am of the view that the applicant is entitled to be released on bail.

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In light of the preceding discussion and without making any observation on the merits of the case, the instant bail application is allowed .

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Let the applicant Shiv Kumar be released on bail in Case Crime No. 0572 of 2022, under Sections 419, 420, 467, 468, 471 IPC, Sections 66 (C), 66 (D) of Information Technology Act, Police Station Jagdishpura, District Agra on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court below, subject to the following conditions:-

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

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(ii) The applicant will not influence any witness.

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

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(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.

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

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Order Date :- 21.12.2022 Jaswant

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Digitally signed by JASWANT KUMAR Date: 2022.12.22 08:53:12 IST Reason: Location: High Court of Judicature at Allahabad

Shiv Kumar v. State of U.P.

Case brief

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Shiv Kumar v. State of U.P.

Case brief

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