Court No. - 80
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 34435 of 2019 Applicant :- Shivam Singh @ Hani Opposite Party :- State Of U.P.
Counsel for Applicant :- Ashok Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Ajit Singh,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material on record.
By means of this application, the applicant who is involved in Case Crime No. 564 of 2019, under Sections 411, 413, 414, 420 I.P.C., P.S. Kalyanpur, District- Kanpur Nagar, is seeking enlargement on bail during the trial.
Learned counsel for the applicant submitted that the applicant is absolutely innocent and has been falsely implicated in the present case due to some ulterior motive. He further submitted that alleged recovery of Wagnor Car is totally false and there is no public witness of the alleged recovery and the recovered vehicle has yet not been connected to any crime. He lastly submitted that criminal history of the applicant has already been explained in para 12 of the affidavit filed in support of the bail application and he is languishing in jail since 29.6.2019 and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
The prayer for bail has been vehemently opposed by learned A.G.A.
Keeping in view the nature of the offence, evidence, complicity of the accused, severity of the punishment, submissions of learned counsel for the parties, considering the law laid down in the case of Data Ram Vs. State of U.P. and others, 2018(3) SCC 22 and without expressing any opinion on the merits of the case, this Court is of the view that the applicant is entitled to be enlarged on bail during the pendency of the trial.
Let the applicant, Shivam Singh @ Hani be released on bail on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned in Case Crime No.564 of 2019, under Sections 411, 413, 414, 420 I.P.C., P.S. Kalyanpur, District- Kanpur Nagar, subject to the following conditions:-
1. The applicant will continue to attend and co-operate in the trial pending before the court concerned on the date fixed after release.
2. He will not tamper with the witnesses.
3. He will not indulge in any illegal activities during the bail period.
It is further directed that the identity, status and residence proof of the sureties be verified by the authorities concerned before they are accepted.
In case of breach of any of the above conditions, the trial court will be at liberty to cancel the bail.
Order Date :- 26.8.2019 Abhishek Singh