Court No. 78 allowed a bail application filed by Shivam Kumar in a criminal case under Sections 308, 324, 323, 504, and 506 IPC. The court held that the applicant had made out a case for bail despite the nature of the offences.
Release on bail by furnishing a personal bond and two sureties, subject to standard bail conditions.
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Court No. - 78
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 58945 of 2022
Applicant :- Shivam Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Rajesh Dwivedi Counsel for Opposite Party :- G.A.,Aditya Kumar Rai,Gyanendra Kumar Tripathi
Hon'ble Deepak Verma,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
The instant bail application has been filed on behalf of the applicant Shivam Kumar with a prayer to release him on bail in Case Crime No.267 of 2018, under Sections 308, 324, 323, 504 & 506 I.P.C., P.S. Bela, District Auraiya during pendency of the trial.
It is argued by learned counsel for the applicant that N.C.R. No.98 of 2018, under sections 323, 504 I.P.C. was lodged regarding some dispute between applicant, informant and informant's son. After injury report, FIR lodged under sections 308 & 324 I.P.C. It is argued by learned counsel for the applicant that though applicant has received grievous injury over head but no role has been assigned to the applicant. Role of causing injury has been assigned to co-accused Vinod, Randhir and Shobhit who came there with lathi, danda and assaulted the injured. It is argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. General role has been assigned to all the co-accused persons. There is no prospect of trial of the present case being concluded in near future due to heavy dockets. The applicant is not a previous convict. The applicant is languishing in jail since 31.10.2022 and in case he is enlarged on bail he will not misuse the liberty of bail.
Learned A.G.A. has opposed the bail prayer of the applicant.
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 law laid down by the Apex Court in Satendra Kumar Antil Vs. C.B.I. & Another, passed in 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.
Let the applicant, Shivam Kumar, who is involved in the
aforesaid case crime, be released on bail on his furnishing a personal bond 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.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Order Date :- 27.1.2023 SKD
Digitally signed by :- SURJIT KUMAR DEY High Court of Judicature at Allahabad
2 issues framed by the court
Whether the applicant is entitled to bail in the circumstances of the case.
Whether the applicant's claim of innocence and delay in trial warrants release on bail.
Colour shows how this judgement treated each authority
Satendra Kumar Antil Vs. C.B.I. & AnotherReferred¶9
Satendra Kumar Antil Vs. C.B.I. & Another, passed in S.L.P.(Crl.) No. 5191 of 2021
Shivam Kumar
Deepak Verma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
