Shayama @ Shayam vs State Of U.P.
2021 Latest Caselaw 22 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 66
 
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 38804 of 2020
 
Applicant :- Shayama @ Shayam
 
Opposite Party :- State of U.P.
 
Counsel for Applicant :- Gufran Ahmad Khan,Nazrul Islam Jafri(Senior Adv.)
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Pradeep Kumar Srivastava,J.

Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record of the present bail application.

The present bail application has been filed by the applicant Shayama @ Shayam with a prayer to enlarge him on bail in Case Crime No. 361 of 2013 (Session Trial No.336 of 2018), under Section 302 I.P.C., Police Station Ujhani, District Budaun.

Learned counsel for the applicant has submitted that the applicant has been falsely implicated in the present case. Further submission is that initially the applicant was granted bail but he could not appear before the court below for about 4 years, file of the other co-accused persons was separated and the applicant was absconding and file was separated vide order dated 23.5.2018. Subsequently, during trial the fact witnesses turned hostile and the co-accused persons were acquitted by the judgment of the trial Court dated 11.4.2019. Subsequently, the applicant was arrested and since then he is in jail. It is further submitted that accused applicant is prepared to furnish sureties and bonds and there is no possibility of his either fleeing away from the judicial process or tampering with the evidence. Applicant is languishing in jail since 8.1.2020 and undertakes that he will not misuse the liberty of bail, if granted and cooperate in trial.

Learned A.G.A. has vehemently opposed the prayer for grant of bail to the applicant but could not dispute the aforesaid facts as argued by the learned counsel for the applicant.

Upon hearing the submissions made by learned counsel of both sides, considering the fact that the co-accused persons have acquitted after trial and also considering the fact that from almost one year the applicant is in jail and without commenting on the merits of the case, I find it to be a fit case for bail.

Let the applicant involved in aforesaid case crime be released on bail on his furnishing a personal bond and two sureties of the like amount to the satisfaction of the court concerned, subject to the following conditions:-

(i) The applicant will co-operate with the trial and remain present personally on each and every date fixed for framing of charge, recording of evidence as well as recording of statement under Section 313 Cr.P.C. or through counsel on other dates and in case of absence without sufficient cause, it will be deemed that applicant is abusing the liberty of bail enabling the court concerned to take necessary action in accordance with the provisions of Section 82 Cr.P.C. or Sections 174A and 229A I.P.C.

(ii) The applicant will not tamper with the prosecution evidence and will not delay the disposal of trial in any manner whatsoever.

(iii) The applicant will not indulge in any unlawful activities.

The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.

Order Date :- 4.1.2021

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