Hon'ble High Court Court-LKO allowed bail to the applicant Shivam in an FIR alleging grievous injuries, noting no disclosed motive, no criminal antecedents, and that the trial had not commenced.
Release on personal bond and two reliable sureties of the like amount each.
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Neutral Citation No. - 2023:AHC-LKO:42286
Court No. - 11
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2792 of 2022
Applicant :- Shivam Opposite Party :- State Of U.P. Thru Prin.Secy. Home Lucknow Counsel for Applicant :- Deo Raj Singh Counsel for Opposite Party :- G.A.
Hon'ble Pankaj Bhatia,J.
1. Heard learned counsel for the applicant as well as learned A.G.A. and perused the record.
2. The Counsel for the applicant argues that the FIR in question was lodged against the applicant on 29.12.2021 alleging that all the named accused persons including the applicant caused injuries upon the victim which resulted in grievous injuries. The applicant is in custody since 30.12.2021 and he has no criminal antecedents. He further argues that the trial has not even started.
3. Learned A.G.A. vehemently opposed the bail prayer.
4. Considering the fact that no motive has been disclosed in the FIR coupled with the fact the applicant is in custody since 30.12.2021, the applicant has no criminal antecedents, there is nothing on record to demonstrates that the applicant if enlarged on bail, would in any way adversely affect the trial and without expressing any opinion on merit, I am of the view that the applicant is entitled to be released on bail.
5. Accordingly, the bail application is allowed .
6. Let the applicant Shivam be released on bail in FIR/ Case Crime No.478 of 2021, under Sections 304, 323, 504, 506 IPC, Police Station Mitauli, District Lakhimpur Kheri on his furnishing personal bonds and two reliable sureties of the like amount each to the satisfaction of the court concerned with the following conditions:
(a) The applicant shall execute a bond to undertake to attend the hearings;
(b) The applicant shall not commit any offence similar to the
offence of which he is accused or suspected of the commission; and
(c) 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.
Order Date :- 3.7.2023 akverma
Digitally signed by :- ASHOK KUMAR VERMA High Court of Judicature at Allahabad, Lucknow Bench
1 issue framed by the court
Whether the applicant is entitled to be released on bail given the lack of disclosed motive in the FIR and his lack of criminal antecedents.
1 provisions across 1 enactments
Shivam
Pankaj Bhatia
Ashok Kumar Verma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
