Swaminath Shukla vs State Of U.P.
2019 Latest Caselaw 6066 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 34
 

 
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 22478 of 2017
 

 
Applicant :- Swaminath Shukla
 
Opposite Party :- State Of U.P.
 
Counsel for Applicant :- Pramod Kumar Sahani, P.C. Srivastava
 
Counsel for Opposite Party :- G.A.,Birendra Singh,Shyamu Shukla
 

 
Hon'ble Sudhir Agarwal,J.

1. Heard SRI P.C. Srivastava, learned counsel for applicant, learned A.G.A. for State and Sri Birendra Singh, Advocate, for Informant.

2. The present bail application has been moved by the accused-applicant for enlarging him on bail in Case Crime No. 195 of 2015, under Sections 147, 148, 149, 302, 323, 325 I.P.C., Police Station Gola, District Gorakhpur.

3. This is second Bail Application. It is contended that as per F.I.R. version, victim was assaulted by Lathi, Danda and Fawra but no specific allegation has been made against applicant. It is stated that applicant is in jail since four and half years and trial has just started and only one witness has been examined. Applicant has no criminal history and he has been falsely implicated in the present case. There are no chances of applicant of fleeing away from judicial process or tampering with prosecution evidence. He undertakes to appear personally on each and every date and also not to seek any unnecessary adjournment during trial. The applicant is in jail since 18.07.2015 and in case he is enlarged on bail, he will not misuse liberty of bail.

4. Learned A.G.A. has opposed the prayer for bail.

5. Considering the facts and circumstances of the case, without expressing any opinion on merits of the case, I think it appropriate to release applicant on bail.

6. The application is allowed.

7. Let applicant, Swaminath Shukla, involved in Case Crime No. 195 of 2015, under Sections 147, 148, 149, 302, 323, 325 I.P.C., Police Station Gola, District Gorakhpur be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of Court concerned with following conditions:

(i) The applicant will not temper with the evidence during trial.

(ii) The applicant will not pressurize/intimidate the prosecution witness.

(iii) The applicant will appear before Trial Court on the date fixed.

(iv) The applicant shall report to the Police Station concerned in the first week of each month to show his good conduct and behaviour.

8. In case of breach of any of above conditions by applicant, the Court below shall be at liberty to cancel his bail.

Order Date :- 9.7.2019

PS