Court No. - 23
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 46537 of 2017 Applicant :- Shubham Gautam @ Shiva Opposite Party :- State Of U.P.
Counsel for Applicant :- Bed Kant Mishra Counsel for Opposite Party :- G.A.
Hon'ble Abhai Kumar,J.
Heard learned counsel for the accused-applicant, learned A.G.A for the State and perused the record.
The applicant seeks bail in Case Crime No. 1006 of 2017, under sections 394, 411 I.P.C., Police Station Chakeri, District Kanpur Nagar.
It is submitted by the learned counsel for the applicant that the applicant has been falsely implicated in the matter with ulterior motive. It is also the submission of the learned counsel that similarly placed co-accused Rahul Kumar has already been granted bail by this court in Criminal Misc. Bail Application No. 44697 of 2017 on 17.11.2017. It is next contended that in case the applicant is enlarged on bail, he will not misuse the liberty of bail. The applicant is in jail since 19.9.2017.
Per contra, learned A.G.A. has vehemently opposed the prayer for grant of bail to the applicant but could not point out anything material to the contrary.
Seeing the facts and circumstances of the case as well as submissions made by learned counsel for the parties and also perusing the material brought on record, a prima facie case for bail is made out.
Let the applicant Shubham Gautam @ Shiva be released on bail on his furnishing a personal bond and two sureties each of the like amount to the satisfaction of the court concerned, subject to the following conditions: -
1. The applicant shall co-operate in the investigation.
2. The applicant shall not tamper with the prosecution evidence.
3. The applicant shall not pressurize the prosecution witnesses.
4. The applicant shall appear on the date fixed by the trial Court.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Identity, status and residence proof of the applicant and sureties be verified by the court before the bonds are accepted.
Order Date :- 29.11.2017 N.A.