Shiv Kumar vs State Of U.P.
2022 Latest Caselaw 6586 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

Reserved on 5.7.2022
 
Delivered on 12.7.2022
 

 
Court No. - 44
 

 
Case :- CRIMINAL APPEAL No. - 6551 of 2016
 
Appellant :- Shiv Kumar
 
Respondent :- State of U.P.
 
Counsel for Appellant :- Bharat Bhushan Dubey,Ansar Ahmad
 
Counsel for Respondent :- G.A.
 

 
Hon'ble Dr. Kaushal Jayendra Thaker,J.

Hon'ble Ajai Tyagi,J.

Order on Criminal Misc. Bail Application No.397060 of 2016

1. Heard Sri Ansar Ahmad, learned counsel for the appellant and Sri Nagendra Kumar Srivastava, learned A.G.A. for the State.

2. The present bail application has been preferred by the accused-appellant, Shiv Kumar, along with the appeal who has been convicted and sentenced vide judgment and order dated 22.10.2016 passed by Additional Sessions Judge (Court No.5) Etawah in S.T. Nos. 91 of 2012 and 93 of 2012 under Section 302/34 IPC and 3/25 of the Arms Act arising out of case crime Nos. 30 of 2012 and 153 of 2012, P.S. Ekdil to Etawah.

3. It is submitted by learned counsel for the appellant that the appellant has been falsely implicated in this case. There is no independent witnesses of the alleged occurrence rather false evidence has been created against the accused-appellant. It is also submitted that the evidence of so called eye-witnesses are in full contradiction. Learned counsel for the appellant has further submitted that false recovery has been made on the pointing out of the appellant and alleged weapon is planted. The appellant is languishing in jail without any guilt on his part. It is also submitted that there is no record of forensic laboratory which could connect the alleged weapon with the crime.

4. Learned A.G.A. has opposed the bail application.

5. In view of the facts and circumstances of this case, the nature of evidence, the period of detention already undergone and the unlikelihood of early conclusion of appeal, we are of the view that the appellant may be enlarged on bail.

6. Let the applicant-appellant-Shiv Kumar convicted and sentenced in the aforesaid Sessions Trials be released on bail during the pendency of the appeal subject to his furnishing a personal bond and two sureties each of the like amount to the satisfaction of the Court concerned with the following conditions:-

(i) The appellant shall file an undertaking to the effect that she shall not seek any unnecessary adjournment.

(ii)) The appellant shall not leave India without permission of this Court.

(iii) The appellant shall inform the change of address within 10 days, failing which the State shall be at liberty to request for cancellation of his bail.

(iv) Half of the fine be deposited forthwith.

7. As far as sentence is concerned, the same shall remain suspended during pendency of the appeal.

Order Date :- 12.7.2022

DKS