Allowed

Shiv Kumar Yadav v. State of U.P.

Allahabad HC24 May 2022BAIL/835/2022

Case brief

AI extract

What is this about?

Single judge allowed bail to Shiv Kumar Yadav in a criminal case for sections 272, 273, 304 IPC and related offences without expressing opinion on merits, subject to furnishing personal bond with sureties and specific conditions regarding court appearances and police reporting.

What did the court decide?

Release on bail by furnishing a personal bond with two sureties each in like amount to the Magistrate/Court concerned, subject to specific undertakings regarding court attendance and police reporting.

Shiv Kumar Yadav Vs State of U.P. — Bail and Remand | Allahabad HC (2022)

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Court No. - 49

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 835 of 2022

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Applicant :- Shiv Kumar Yadav Opposite Party :- State of U.P. Counsel for Applicant :- Narayan Singh(Kushwaha) Counsel for Opposite Party :- G.A.

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Hon'ble Siddhartha Varma,J.

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

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This is an application for bail moved on behalf of the applicant, Shiv Kumar Yadav, who is involved in Case Crime No. 269 of 2021, under Sections 272, 273, 304, 420, 467, 468, 471, 120B of the I.P.C. and under Section 60(A) of the Excise Act, Police Station- Khair, DistrictAligarh.

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The contention of the learned counsel for the applicant is that the applicant is innocent and has been falsely implicated. It has been submitted that the applicant in no manner was involved in the incident which gave rise to the Case Crime No. 269 of 2021. It has been further submitted that nothing has been recovered from the applicant. Further it has been stated that the shop keeper Ajay has been granted bail by this Court on 11.2.2022 in Criminal Misc. Bail Application No. 3857 of 2022 and the other coaccused, namely, Gangaram Pradhan and Kapil Dev Sharma who were found on the spot have also been granted bail vide orders dated 10.2.2022 & 29.4.2022 passed in Criminal Misc. Bail Applications No. 53867 of 2021 & 2630 of 2022 respectively. Learned counsel for the

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applicant stated that the applicant was not named in the FIR but only on the mentioning of his name by one Om Veer Singh, he has been implicated. Learned counsel for the applicant through supplementary affidavit filed on 9.5.2022 has explained the criminal history of the applicant. Further, learned counsel for the applicant submitted that the charge sheet in the case has been submitted and there is no further investigation on the part of the police required. The applicant is in jail since 1.6.2021. Therefore, if the applicant is released on bail, there is no chance of his absconding or misusing the liberty of bail or tampering with the prosecution witnesses.

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On the other hand, learned A.G.A. opposed the prayer for bail but could not deny the fact that the charge sheet has been submitted and also the co-accused, namely, Ajay, Gangaram Pradhan and Kapil Dev Sharma have been released on bail.

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In view of the above, without expressing any opinion on the merits of the rival claims, the applicant has made out a case for bail. The bail application is allowed.

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Let the applicant, Shiv Kumar Yadav, be released on bail in the aforesaid case crime number on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the Magistrate/Court concerned, subject to the following conditions:-

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(i) The applicant 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 the court.

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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.

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(ii) The applicant 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 his under Section 229-A of the Indian Panel Code.

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(iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C. be issued and if the applicant fails to appear before the court on the date fixed on such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 174-A of the Indian Panel Code.

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(iv) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case (ii) framing of charges and (iii) recording of statement under Section 323 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 an abuse of liberty of bail and proceed against him in accordance with law.

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(v) The applicant would report before the concerned police station on every Monday after his release.

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Order Date :- 24.5.2022 PK.

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Digitally signed by PRAVEEN KUMAR Date: 2022.05.26 10:08:51 IST Reason: Location: High Court of Judicature at Allahabad

Shiv Kumar Yadav v. State of U.P.

Case brief

What is this about?

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Shiv Kumar Yadav v. State of U.P.

Case brief

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