Allowed

Shivam Kumar Mishra v. State of U.P. Thru. Its Prin. Secy. Deptt. of Home Lko

Allahabad HC2 Aug 2024BAIL/8364/2024

Case brief

AI extract

What is this about?

Bail application during trial under Sections 392, 411 and 120-B IPC for alleged role of providing information and landing a motorcycle for a loot. Court noted graver co-accused were already on bail, no criminal antecedents, custody since 29.06.2024, and allowed bail with conditions.

What did the court decide?

Applicant released on bail on furnishing personal bond with two sureties, subject to conditions on evidence tampering, trial cooperation and no criminal activity.

Shivam Kumar Mishra vs State of U.P. Thru. Its Prin. Secy. Deptt. of Home Lko — Allahabad HC (2024) — LawSathi Research

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Neutral Citation No. - 2024:AHC-LKO:52958

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Court No. - 15

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8364 of 2024

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Applicant :- Shivam Kumar Mishra Opposite Party :- State Of U.P. Thru. Its Prin. Secy. Deptt. Of Home Lko Counsel for Applicant :- Santosh Kumar Tiwari Counsel for Opposite Party :- G.A.

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Hon'ble Mohd. Faiz Alam Khan,J.

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Heard learned counsel for the accused-applicant as well as learned A.G.A. for the State and perused the record.

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Learned A.G.A. informs that he has procured complete instructions in the matter, including upto date case diary.

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This bail application has been moved by the accused/applicant- Shivam Kumar Mishra for grant of bail in Case Crime No. 0345 of 2023, under Sections 392, 411 and 120-B IPC lodged at police station Amethi, district Amethi, during trial.

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Learned counsel for the accused-applicant, while pressing the bail application, submits that the applicant has been falsely implicated in this case and, he has not committed any offence, as claimed by the prosecution. The only role, which has been assigned to the accusedapplicant, is of providing information pertaining to movement of the informant and landing of motorcycle for the purpose of commission of 'loot', however, as per admitted case of the prosecution, he was not actively involved in commission of the crime and no recovery has been made from him.

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It is further submitted that the co-accuse persons, whose role in the alleged crime is graver than the applicant, namely, Shan Mohammed @ Ali, Sahban Ali, Nizamuddin, Shekhawat Husain and Mohd. Osama @ Azad have already been enlarged on bail vide orders dated 03.05.024, 22.07.2024, 25.04.2024, 22.04.2024 and 14.03.2024 passed by this court in criminal misc. bail application nos. 2731 of 2024, 7266 of 2024, 4548 of 2024, 4311 of 2024 and 2952 of 2024 and copies of their bail orders have been placed on record collectively as Annexure No. 6 to the affidavit enclosed with the bail application.

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It is next submitted that the applicant is languishing in jail in this case since 29.06.2024 and he is not having any previous criminal record to his credit. Charge sheet in this case has already been filed and there is no apprehension that after being released on bail, he may

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flee from the course of law or may otherwise misuse the liberty.

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Learned A.G.A., however, opposes the prayer of bail of the applicant on the ground that the applicant has committed an heinous offence and, therefore, he is not entitled to be released on bail.

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Considering the fact that the main accused persons of the alleged crime, including those whose role appears to be graver than the applicant, have already been enlarged on bail by this court, the applicant is not having any previous criminal record to his credit, the only allegation, which has been levelled against the applicant, is of providing information of movement of the informant and of landing his motorcycle, the applicant is stated to be not involved actively in commission of the alleged crime and also the fact that the applicant is detained in prison in this case since 29.06.2024, I find it to be a fit case for grant of bail. The presence of the applicant could be secured before the trial court by placing adequate conditions.

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Thus, the instant bail application is allowed .

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Let the accused/applicant- Shivam Kumar Mishra involved in above-mentioned case, be released on bail on his furnishing a personal bond with two sureties in the like amount to the satisfaction of the court concerned subject to following conditions:-

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

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

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(iii) 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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Identity, status and residence proof of the applicant and sureties be verified by the Court concerned before the bonds are accepted.

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Observations made herein-above by this court are only for the purpose of disposal of this bail application and shall not be construed as an expression on the merits of the case.

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Order Date :- 2.8.2024 MVS/-

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Digitally signed by :- MANOJ VIKRAM SINGH CHAUHAN High Court of Judicature at Allahabad, Lucknow Bench

Shivam Kumar Mishra v. State of U.P. Thru. Its Prin. Secy. Deptt. of Home Lko

Case brief

What is this about?

What did the court decide?

Shivam Kumar Mishra v. State of U.P. Thru. Its Prin. Secy. Deptt. of Home Lko

Case brief

What is this about?

What did the court decide?

What the court decided

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