Shivam v. State of U.P

Court No. - 75 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 45625 of 2023 Applicant :- Shivam Opposite Party :- State of U.P. Counsel for Applicant :- Kameshwar Rao 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.229 of 2023, under Sections 395, 412, 120B, 34 IPC, Police Station Chandaus, District Aligarh, during the pendency of trial.

¶3It has been argued by the learned counsel for the applicant that the applicant has been falsely implicated in the present case. It is further contended that for the alleged case property which was alleged to have been recovered from possession of the applicant, no identification parade has been conducted by the police in accordance with law. It is further contended that the co-accused, Jeetu @ Jitendra has already been enlarged on bail by a co-ordinate Bench of this Court vide order dated

02.11.2023 passed in Criminal Misc. Bail Application No.46257 of 2023 on which basis he claims parity. It is next contended that contended that there is no other criminal history against the applicant. There is no likelihood of his abscondence or tampering with the evidence. The applicant is languishing in jail since 19.08.2023. In case the applicant is released on bail, he will not misuse the said liberty.

¶4Learned AGA has opposed the prayer for bail but could not satisfactorily dispute the aforesaid submissions advanced by the counsel for the applicant, from the record.

¶5Having regard to the facts, circumstances and the submissions made but without commenting on merits of the case, this Court is of opinion that the applicant is entitled to be enlarged on bail. Accordingly, the bail application is allowed.

¶6Let the applicant - Shivam, 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 :- 2.12.2023 Shahroz High Court of Judicature at Allahabad