High Court allowed bail to Shiva @ Shivam in a rape case where he was not named in the FIR. Implication arose from a co-accused's confession. Court noted lack of direct evidence and fixed bail conditions.
Applicant released on bail with personal bond, two sureties, and specific undertakings not to tamper with evidence or misuse liberty.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Neutral Citation No. - 2023:AHC:221218
Court No. - 69
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 48482 of 2023 Applicant :- Shiva@ Shivam Opposite Party :- State of U.P. Counsel for Applicant :- Umesh Singh Counsel for Opposite Party :- G.A.
Hon'ble Samit Gopal,J.
The case of the applicant is distinguishable with that of co-accused Asif Ali.
i) The applicant will not tamper with prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever.
ii) The applicant will abide the orders of court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever.
(iii) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the date fixed for evidence when the witnesses are present in court. 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.
(iv) The applicant will not misuse the liberty of bail in any manner whatsoever. 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., may be issued and if applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under section 174-A I.P.C.
(v) The applicant shall remain present, in person, before the trial court on dates fixed for (1) opening of the case, (2) framing of charge and (3) recording of statement under Section 313 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 abuse of liberty of bail and proceed against him in accordance with law and the trial court may proceed against him under Section 229-A IPC.
(vi) The trial court may make all possible efforts/endeavour and try to conclude the trial expeditiously after the release of the applicant.
Order Date :- 22.11.2023/AS Rathore
(Samit Gopal,J.)
Digitally signed by :- ABHISHEK SINGH RATHOR High Court of Judicature at Allahabad
2 issues framed by the court
Whether the applicant can be enlarged on bail given he is not named in the FIR and the implication is solely based on a co-accused's confession.
Whether the absence of preliminary evidence against the applicant makes tampering with evidence unlikely.
4 provisions across 2 enactments
Shiva @ Shivam
State of U.P.
Samit Gopal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
