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Shivam vs State Of U P

High Court Of Judicature at Allahabad|29 November, 2018
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JUDGMENT / ORDER

Court No. - 61
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 45610 of 2018 Applicant :- Shivam Opposite Party :- State Of U.P.
Counsel for Applicant :- Vikash Chandra Tiwari Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Gupta,J.
Heard learned counsel for applicant, the learned AGA for the State and perused the record.
Applicant- Shivam seeks bail in Case Crime No. 826 of 2018, under Sections 147, 148, 149, 307, 452, 436, 427 IPC and 7 Criminal Law Amendment Act, P.S. Tronica City, District- Ghaziabad.
Learned counsel for the applicant has submitted that applicant is wholly innocent and has been falsely implicated in the present case due to ulterior motive. Learned counsel for the applicant has next submitted that as per the first information report, as many as 14 nominated persons and other unknown persons are said to have opened fire upon the police party, however, no person has received any injury. Learned counsel for the applicant has next submitted that no recovery whatsoever has been made from his possession or at his pointing out. Lastly, it is submitted that applicant is in jail since 14.9.2018 and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial by all means.
Learned AGA has opposed the prayer for bail, but could not dispute the aforesaid facts and that the applicant is in jail since 14.9.2018.
Keeping in view the nature of the offence, evidence, complicity of the accused, severity of punishment, submissions of the learned counsel for the parties and without expressing any opinion on merits of the case, I am of the view that the applicant has made out a case for bail.
Let applicant Shivam be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned subject to the following conditions :-
(i) The applicant shall not indulge in any criminal activity.
(ii) The applicant shall not tamper with the prosecution evidence.
(iii) The applicant shall not pressurize the prosecution witnesses.
(iv) The applicant shall regularly appear on the dates fixed by the trial court unless his personal attendance is exempted by the trial court.
In case of default of any of the conditions enumerated above, it will be open to the opposite parties to approach the Court for cancellation of bail.
Order Date :- 29.11.2018 KU
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Title

Shivam vs State Of U P

Court

High Court Of Judicature at Allahabad

JudgmentDate
29 November, 2018
Judges
  • Rajiv Gupta
Advocates
  • Vikash Chandra Tiwari