Shiva Kumar vs State Of U.P.
2019 Latest Caselaw 4313 ALL

Citation : 2019 Latest Caselaw 4313 ALL
Judgement Date : 9 May, 2019

Allahabad High Court

Shiva Kumar vs State Of U.P. on 9 May, 2019

Bench: Bachchoo Lal




HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 74
 

 
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 19504 of 2019
 

 
Applicant :- Shiva Kumar
 
Opposite Party :- State Of U.P.
 
Counsel for Applicant :- Hirdesh Kumar Yadav,Sushma Yadav
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Bachchoo Lal,J.

Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.

Learned counsel for the applicant submits that the victim is major aged above 18 years. The applicant and victim belong to the same village and same caste and their houses are adjacent to each other. There was love affairs in between the applicant and victim. The victim herself left her house and visited with the applicant to Bombay where she solemnized her marriage with the applicant in Van Devi Mandir. The applicant has not enticed away the victim and has not compelled her to leave her parental house. The victim in her statement recorded under section 164 Cr.P.C. has stated that the applicant has not done any wrong with her. It has further been submitted that applicant has not committed the alleged offence. No offence is made out against the applicant. The applicant has no criminal history and is in jail since 27.3.2019.

Per contra; learned A.G.A. has opposed the prayer for bail.

Considering the facts and circumstances of the case and without expressing any opinion on the merits of the case, I find it a fit case for bail.

Let the applicant Shiva Kumar involved in Case Crime No. 32 of 2019, under section 363, 366, 120B IPC, P.S. Kopaganj, District Mau be released on bail on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:

1. The applicant will not tamper with the evidence.

2. He shall not pressurize/intimidate the prosecution witnesses and shall cooperate with the trial.

3. He shall appear on each and every date fixed by the trial court unless personal appearance is exempted by the court concerned.

In case of breach of any conditions mentioned above, the trial court shall be at liberty to cancel the bail of the applicant.

Order Date :- 9.5.2019

Masarrat