Shivam Thakur @ Shiv Thakur v. State of U.P

Court No. - 75 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 46597 of 2023 Applicant :- Shivam Thakur @ Shiv Thakur Opposite Party :- State of U.P. Counsel for Applicant :- Pankaj Kumar Mishra Counsel for Opposite Party :- G.A. Hon'ble Umesh Chandra Sharma,J.

¶1Heard learned counsel for the applicant, learned AGA for the State and perused the record.

¶2The instant bail application has been filed with a prayer to enlarge the applicant on bail in Case Crime No.538 of 2023, under Sections 307/34 IPC, Police Station Banna Devi, District Aligarh, during the pendency of trial.

¶3It is submitted by learned counsel for the applicant that the applicant has been falsely implicated in the present case. The role of shooting has not been assigned to the present applicant. It is also contended that similarly placed co-accused persons have already been enlarged on bail by coordinate Benches of this Court vide orders dated; (i) 13.10.2023 passed in Criminal Misc. Bail Application No.42593 of 2023 (Mohammad Amaan Vs. State of UP); and (ii) 09.10.2023 passed in Criminal Misc. Bail Application No.42826 of 2023 (Harsh Vs. State of UP). There is criminal history of one case against the applicant which has been registered subsequent to this case in which the applicant has been enlarged on bail (explained in paragraph-15 of the affidavit filed in support of the bail application). He further submitted that since the case of the applicant is at better footing to that of aforesaid co-accused who have already been enlarged on bail, he is also entitled to be enlarged on bail on the ground of parity. There is no likelihood of his abscondence or tampering with the evidence. The applicant is languishing in jail since 17.08.2023. In case the applicant is released on bail, he will not misuse the said liberty.

¶4The prayer for bail has been vehemently opposed by learned AGA. However, he could not dispute the aforesaid factual aspects of parity to the co-accused.

¶5Considering the facts, circumstances and the submissions made but without commenting on the merits of the case, this Court is of the view that the applicant has made out a case for grant of bail on the ground of parity. Accordingly, the bail application is allowed.

¶6Let the applicant - Shivam Thakur @ Shiv Thakur, 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 the conditions that he:

(i) shall appear on the date fixed by the trial court;

(ii) shall not tamper with the prosecution evidence;

(iii) shall not pressurize the prosecution witnesses.

¶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 :- 9.11.2023 Shahroz High Court of Judicature at Allahabad