Shivam Sengar v. State of U.P

Court No. - 74 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 49199 of 2023 Applicant :- Shivam Sengar Opposite Party :- State of U.P. Counsel for Applicant :- Ansar Ahmad,Sandhya Chaturvedi Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J.

¶1Sri Santosh Kumar Shukla, Advocate has filed his Vakalatnama on behalf of the informant. The same is taken on record.

¶2Heard Ms. Sandhya Chaturvedi, learned counsel for the applicant, Sri Santosh Kumar Shukla, learned counsel for the informant and Sri Prateek Tyagi, learned AGA for the State-respondent.

¶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. 108 of 2023, under Sections 363, 366, 342 IPC, Police Station Ayana, District Auraiya, during the pendency of trial.

¶4Counsel for the applicant submits that the applicant has been falsely implicated in the present case. The victim in her statement recorded under Sections 161 Cr.P.C. stated that she is aged 18 years and she left her house voluntarily. There is no allegation of abduction or kidnapping against the applicant. However, upon the victim going into the custody of her parents, an entirely different version has been narrated. The said inconsistencies in both the statements discredits the prosecution case. The applicant is in jail since 29.08.2023 having no criminal history and in case he is enlarged on bail, he will not misuse the said liberty.

¶5Learned AGA and learned counsel for the informant have opposed the prayer for bail but could not satisfactorily dispute the aforesaid submissions from the record.

¶6Having heard counsel for the parties and having perused the record, this Court prima facie finds that there are inconsistencies in the statement of the victim under Sections 161 Cr.P.C. and 164 Cr.P.C. At this stage there is no substantive evidence against the applicant. The applicant has no criminal antecedents. The applicant has remained confined for almost three months 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 the merits of the case, I am of the opinion that the applicant is entitled to be enlarged on bail.

¶7Let the applicant Shivam Sengar, involved in the aforesaid case 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; and,

(iii) shall not pressurize the prosecution witnesses.

¶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 :- 20.11.2023 Lbm/- High Court of Judicature at Allahabad