Court No. - 65
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 21384 of 2021 Applicant :- Shivam Kumar Opposite Party :- State of U.P.
Counsel for Applicant :- Deepak Kumar Srivastava Counsel for Opposite Party :- G.A.,Kamal Kishor Mishra,R.L. Varma
Hon'ble Ram Krishna Gautam,J.
Heard over bail application moved by applicant, Shivam Kumar, in Case Crime No. 26 of 2021, under Sections- 302, 504, 506 I.P.C. Police Station-Baunda, District- Shahjahanpur.
Learned counsel for the applicant argued that the accused- applicant is innocent; he has been falsely implicated in this very case crime number and is languishing in jail since 17.01.2021; he is of no criminal antecedent and there is no likelihood of fleeing from course of justice or tempering with evidence in case of release on bail. First Infomration Report was instantly got lodged on the dame day of occurrence of 15.01.2021 after interval of six hours; informant Surendra Singh was eye witness account; six persons have been named in this occurrence, but in First Information Report as well as in statement under Section 161 Cr.P.C. no specific role is for applicant rather, giving fire arm shot causing death of the deceased was assigned to Rajnish, other co-accused Krishna Kumar was said to made fire but it was missed; third one Kuldeep did incriminate firing over deceased; applicant was neither said to be armed with any weapon nor giving fire arm shot. Hence, bail has been prayed for.
Learned AGA as well as learned counsel for the informant has vehemently opposed, but could not oppose the above factual aspect and the applicant is of no criminal antecedent.
Having heard and gone through materials placed on record, considering all above facts and circumstances, the nature of accusations, severity of the punishment in the case of conviction and nature of supporting evidence, reasonable apprehension of tampering with the witness and prima facie case, but, without commenting on merits of the case, a case for bail is made out.
Accordingly, the bail application is allowed.
Let the applicant, Shivam Kumar, involved in above mentioned case crime number be released on bail, on his executing a personal bond and two reliable sureties, each, in the like amount, to the satisfaction of the court concerned, subject to the following conditions:
1. The applicant will not tamper with the evidence.
2. The applicant will not indulge in any criminal activity.
3. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial.
4. The applicant will appear regularly on each and every date fixed by the trial court, unless his personal appearance is exempted through counsel by the court concerned.
5. The party shall file computer generated copy of such order downloaded from the official website of High Court, Allahabad.
6. The computer generated copy of such order shall be self attested by counsel of the party concerned.
7. The concerned Court/ Authority/ Official shall verify the authenticity of such computerized copy of the order from the official website of High Court, Allahabad, and shall make a declaration of such verification in writing.
In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail.
Order Date :- 27.7.2021 Deepak/