Shivam Singh vs State Of U.P. And Another
2023 Latest Caselaw 27799 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2023:AHC:197050
 
Court No. - 75
 

 
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 39455 of 2023
 

 
Applicant :- Shivam Singh
 
Opposite Party :- State of U.P. and Another
 
Counsel for Applicant :- Bhriguram Ji,Nilesh Kumar Dubey
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Umesh Chandra Sharma,J.

1. Heard learned counsel for the applicant, learned AGA for the State and perused the record.

2. The instant bail application has been filed with a prayer to enlarge the applicant on bail in Case Crime No.34 of 2023, under Sections 386, 506 IPC, Police Station Tezi Bazar, District Jaunpur, during the pendency of trial.

3. It is submitted by learned counsel for the applicant that the applicant has been falsely implicated in this case. He has not committed the alleged offence. It is further submitted that there is criminal history of five cases which has been explained in paragraph-2 of the supplementary affidavit in which the applicant has been granted bail. He further contends that since there is no deliver of any property as alleged, no offence under Section 386 IPC is made out against the applicant. In this regard learned counsel for the applicant has relied on the judgment in Salib @ Shalu @ Salim Vs. State of UP and others, Criminal Appeal No.2344 of 2023 decided on 08.08.2023 in which the Apex Court has held that for the formation of Section 386 IPC at least any part payment of the property is necessary otherwise the elements of Section 386 IPC cannot be said to be completed. There is no likelihood of his abscondence or tampering with the evidence. The applicant is languishing in jail since 19.04.2023. In case the applicant is released on bail, he will not misuse the said liberty.

5. Learned AGA has opposed the prayer for bail but could not satisfactorily dispute the aforesaid submissions from the record.

6. Having regard to the facts, circumstances and the submissions made but without commenting on merits of the case, this Court is of opinion that the applicant is entitled to be enlarged on bail. Accordingly, the bail application is allowed.

7. Let the applicant - Shivam Singh, involved in the aforesaid case be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to the conditions that he:

(i) shall appear on the date fixed by the trial court;

(ii) shall not tamper with the prosecution evidence;

(iii) shall not pressurize the prosecution witnesses.

8. In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court.

Order Date :- 10.10.2023

Shahroz