Shiv Kumar Singh Urf Badka Urf Gudda v. State of U.P

Court No. - 74 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 46869 of 2023 Applicant :- Shiv Kumar Singh Urf Badka Urf Gudda Opposite Party :- State of U.P. Counsel for Applicant :- Deepak Singh Patel,Rayaz Hasan Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J.

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

¶2Heard learned counsel for the applicant and Sri Neeraj Kumar Sharma, learned A.G.A. for the State-opposite party.

¶3The instant bail application under Section 439 Cr.P.C. has been filed with the prayer to enlarge the applicant on bail in Case Crime No. 37 of 2023, under Sections 411, 413, 414, 419, 420, 467, 468 I.P.C., Police Station Airport, District Prayagraj during the pendency of the trial.

¶4Learned counsel for the applicant submits that the applicant has been falsely implicated in the instant case. False recovery of two motorcycles has been shown from the possession of the applicant. There is no independent witness to the alleged recovery. The criminal history of the applicant has been explained in Paragraph-6 of the supplementary affidavit. The applicant is in jail since

03.10.2023 and if he is released on bail, he will not misuse the said liberty.

¶5Learned A.G.A. has opposed the prayer for bail but could not satisfactorily dispute the aforesaid submissions from the record.

¶6Having heard learned counsel for the parties and after perusal of the record, this Court prima facie finds that there is no independent witness to the alleged recovery. At this stage there is no substantive evidence against the applicant. Moreover, the applicant has remained confined for more than one and half months and after submission of the charge-sheet there is no hope of early conclusion of trial, and 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, therefore, 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-Shiv Kumar Singh alias Badka alias Gudda, 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 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 :- 23.11.2023 SKT/- High Court of Judicature at Allahabad