Allowed

Som Alias Shivam v. State of U.P.

Allahabad HC29 Aug 2022BAIL/6111/2019

Case brief

AI extract

What is this about?

The Allahabad High Court granted bail to an applicant who was found innocent of implicating himself falsely in a suicide case. Although no trial witnesses had been examined after four years in jail, the court allowed bail based on the nature of the offense and trial status.

What did the court decide?

Released on bail subject to furnishing a personal bond and two sureties and adhering to standard bail conditions.

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

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Court No. - 76 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6111 of 2019 Applicant :- Som Alias Shivam Opposite Party :- State of U.P. Counsel for Applicant :- Smt. Chandra Kala Chaturvedi Counsel for Opposite Party :- G.A.

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Hon'ble Subhash Chandra Sharma,J.

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Learned counsel for the applicant is permitted to correct the name of applicant in the memo of bail application.

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

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Learned counsel for the applicant has submitted that he is innocent and has falsely been implicated in the present case being husband of the deceased who committed suicide by hanging. Further submitted that the applicant is in jail since 11.7.2018 and till now four years have passed even a single witness has not been examined before the trial court, as per report of learned A.G.A. In this way, the trial is not likely to be concluded in near future. In the postmortem report no any injury except ligature mark was found on the person of the deceased. In case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.

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On the other hand, learned AGA opposed the prayer for bail.

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Keeping in view the nature of the offence, complicity of the accused, the period applicant remained in jail and the status of trial 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- Som alias Shivam, involved in Case Crime No.155 of 2018, under Sections 498-A, 304-B, 315 I.P.C and 3/4 D.P. Act, P.S. Chaubepur, District Kanpur Nagar be released on bail on furnishing a personal bond and two 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 :- 29.8.2022 G.S

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Digitally signed by GHAN SHYAM Date: 2022.09.03 12:45:14 IST Reason: Location: High Court of Judicature at Allahabad

Som Alias Shivam v. State of U.P.

Case brief

What is this about?

What did the court decide?

Som Alias Shivam v. State of U.P.

Case brief

What is this about?

What did the court decide?

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