Shivkumar v. State of U.P

Court No. - 74 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 43543 of 2023 Applicant :- Shivkumar Opposite Party :- State of U.P. Counsel for Applicant :- Pawan Giri Counsel for Opposite Party :- G.A.,Abhishek Kumar Saroj,Nagendra Bahadur Singh Hon'ble Vivek Varma,J.

¶1Supplementary affidavit filed by counsel for the applicant is taken on record.

¶2Heard counsel for the applicant, Sri Nagendra Bahadur Singh, counsel for the informant and Sri Shashank Shekher Pandey, learned AGA for the State.

¶3The 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. 434 of 2020, under Sections 406, 418, 419, 420, 504 & 506 I.P.C., Police Station-Baragaon, District-Varanasi during pendency of the trial.

¶4Counsel for the applicant contends that the applicant has been falsely implicated in the instant case. No sale deed was executed by the informant in favour of the applicant. The applicant is not a beneficiary of any illicit transaction. The registered deeds were executed in favour of the third party. In the alleged deed, the receipt of the sale consideration has been mentioned. At this stage, there is no cogent evidence to link the applicant with the offence. The applicant is in jail since 25.09.2023, having no criminal history. In case he is enlarged on bail, he will not misuse the said liberty.

¶5Learned A.G.A. and counsel for the informant have opposed the prayer for bail but could not satisfactorily dispute the aforesaid facts from the record.

¶6Having heard learned counsel for the parties and having perused the record this Court prima facie finds that no sale deed was executed in favour of the applicant. As per the sale deeds, the sale consideration was received by the informant, in cash from the vendee. At this stage, there is no substantive evidence against the applicant. Further, the applicant has no criminal antecedents and has remained confined for more than one month and after submission of the charge-sheet 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 delay the trial or intimidate the witness, without commenting on merits of the case, I am of the opinion that the applicant is entitled to be enlarged on bail.

¶7Let the applicant, Shivkumar involved in the aforesaid case be released on bail on his furnishing a personal bond and two sureties each of the like amount to the satisfaction of court concerned on the following conditions that: i. the applicant shall not temper with the prosecution evidence; ii. the applicant shall not pressurize the prosecution witness; and, iii. the applicant shall appear on each and every date fixed by the trial court.

¶8In 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 :- 7.11.2023 Sachin Mishra High Court of Judicature at Allahabad