Deepak Shivhare v. State of U.P

Court No. - 75 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 46365 of 2023 Applicant :- Deepak Shivhare Opposite Party :- State of U.P. Counsel for Applicant :- Pawan Giri,Himanshu Goswami,Shivam Verma Counsel for Opposite Party :- G.A. Hon'ble Umesh Chandra Sharma,J.

1.Counter affidavit and rejoinder affidavit filed today are taken on record.

¶2Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.

¶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. 325 of 2023 under Sections 420, 447, 342, 386, 323, 504, 506, 120B I.P.C., Police Station-Maudaha, District-Hamirpur, during the pendency of the trial.

¶4Counsel for the applicant contends that the applicant has been falsely implicated in the present case. It is contended that it is purely a case of civil nature, however, only to harrass the applicant, criminal colour has been given. It is open for the informant to file suit for cancellation of sale-deed allegedly executed by his father in favour of the applicant, if the same is result of undue coercion. It is next contended that co-accused Vishnu Shivhare @ Vishnu Shankar, has been granted bail by coordinate Bench of this Court in Crl. Misc. Bail Application No. 45964 of 2023 vide order dated 7.11.2023. The criminal history of the applicant has been explained in para 22 of the affidavit filed in support of the bail application. The applicant is in jail since

17.08.2023, in case he is enlarged on bail, he will not misuse the said liberty.

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

¶6Having regard to the submissions made above and the fact that the applicant has remained confined for more than three months, co-accused has been granted bail and after submission of the charge-sheet, there is no hope of early conclusion of trial, more so no reasonable apprehension has been brought to the fore by the State that the applicant, if enlarged on bail, would either temper 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-Deepak Shivhare, involved in 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;

(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 :- 7.12.2023 S.Verma High Court of Judicature at Allahabad