Allowed

Shyam Babu v. State of U.P.

Allahabad HC7 Feb 2023BAIL/1976/2023

Case brief

AI extract

What is this about?

In a bail application in a criminal trial for offences punishable under IPC Sections 307, 452, 323, 324, and 506, the Court granted bail to the applicant on his furnishing a personal bond and two sureties, citing parity with a co-accused and lack of proof of tampering.

What did the court decide?

The applicant was ordered to be released on bail upon furnishing a personal bond and two sureties in like amount, subject to conditions.

Shyam Babu Vs State of U.P. — Bail and Remand | Allahabad HC (2023)

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Court No. - 78

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1976 of 2023

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Applicant :- Shyam Babu Opposite Party :- State of U.P. Counsel for Applicant :- Sanjive Kumar Gupta Counsel for Opposite Party :- G.A.,Pankaj Satsangi

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Hon'ble Deepak Verma,J.

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Heard Sri Sanjive Kumar Gupta, learned counsel for the applicant, Sri Vishwa Deepak Mishra, learned A.G.A. for the State and perused the record.

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The instant bail application has been filed with a prayer to release the applicant on bail in Case Crime No.455 of 2022, registered under Sections 307, 452, 323, 324, 506 I.P.C., Police Station Islam Nagar, District Budaun during pendency of the trial.

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At the very outset, learned counsel for the applicant submits that the applicant claims parity with the co-accused, namely, Omveer, who has been granted bail by co-ordinate Bench of this Court in Criminal Misc. Bail Application No.1969 of 2023 vide order dated 01.02.2023 and the role of the applicant is same as of the coaccused, hence, the applicant is also entitled for bail on the ground of same footing. He next contended that the applicant is innocent and has been falsely implicated in the present case due to ulterior motive. The applicant is languishing in jail since 17.12.2022. In case, the applicant is released on bail, he will not misuse the liberty of bail and co-operate in trial.

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Learned A.G.A. has opposed the bail prayer of the applicant.

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Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and keeping in view the nature of offence, evidence, complicity of accused and without expressing any opinion on the merits of the case and the law laid down by the Apex Court in Satendra Kumar Antil Vs. C.B.I. & Another , S.L.P.(Crl.) No. 5191 of 2021 , 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, Shyambabu, who is involved in the aforesaid case crime, be released on bail on his furnishing a personal bond

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and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified.

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The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.

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The applicant shall cooperate in the trial sincerely without seeking any adjournment.

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The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.

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In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.

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Order Date :- 7.2.2023 Nitin Verma

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Digitally signed by :- NITIN KUMAR VERMA High Court of Judicature at Allahabad

Shyam Babu v. State of U.P.

Case brief

What is this about?

What did the court decide?

Shyam Babu v. State of U.P.

Case brief

What is this about?

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