Shivam Katara v. State of U.P

Court No. - 74 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 38556 of 2023 Applicant :- Shivam Katara Opposite Party :- State of U.P. Counsel for Applicant :- Mrityunjay Singh Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J.

¶1Heard learned Counsel for the applicant, learned A.G.A. for the State and perused the record.

¶2The instant bail application, under Section 439 Cr.P.C., has been filed with a prayer to enlarge the applicant on bail in Case Crime No. 124 of 2023, under Sections 395, 412 I.P.C., Police Station-G.R.P. Mathura Junction, District-Mathura during pendency of the trial.

¶3Counsel for the applicant submits that the applicant was not named in the first information report. The applicant was arrested on 12.4.2021 along with two other co-accused and has been falsely implicated in the instant case. False recovery of ornaments of yellow and white metal has been shown from the possession of the applicant. There is no independent witness to the alleged recovery. The recovered ornaments cannot be connected with the offence. It is next contended that the co-accused Satyaprakash has been granted bail by this Court vide order dated 12.10.2023 passed in Criminal Misc. Bail Application No. 40639 of 2023. The applicant claims parity. The criminal history of the applicant has been explained in para 19 of the bail application. The applicant is in jail since 28.4.2023. In case he is enlarged on bail, he will not misuse the said liberty.

¶4Learned A.G.A. has opposed the prayer for bail but could not satisfactorily dispute the aforesaid submissions from the record.

¶5Having heard counsel for the parties and having perused the record, this Court prima facie finds that the applicant was not named in the first information report. There is no independent witness to the alleged recovery. The recovered ornaments cannot be connected with the offence. The co-accused Satyaprakash has been granted bail by this Court. Further the applicant has presently remained confined for almost six months and there is no hope of early conclusion of trial, more so when no reasonable apprehension has been brought to the fore by the State that the applicant, if enlarged on bail, would either tamper with the evidence or intimidate the witness, without commenting on the merits of the case, I am of the opinion that the applicant is entitled to be enlarged on bail.

¶6Let the applicant, Shivam Katara involved in the aforesaid case be released on bail on his furnishing a personal bond and two heavy sureties each of the like amount to the satisfaction of court concerned on the following conditions that: i. the applicant shall not tamper with the prosecution evidence; ii. the applicant shall not pressurize the prosecution witness; iii. the applicant shall appear on each and every date fixed by the trial court; iv. the applicant shall appear on 1st Sunday of every month at the concerned police station.

¶7In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court. Order Date :- 17.10.2023 S.S. High Court of Judicature at Allahabad