Allowed

Karan Singh v. State of U.P.

Allahabad HC15 May 2018BAIL/16630/2018

Case brief

AI extract

What is this about?

This order grants bail to an applicant accused of culpable homicide causing death due to a burst of liver. The court considered the Post mortem report and the applicant's lack of criminal history, finding it a fit case for bail despite the gravity of the charge.

What did the court decide?

Release on bail executing personal bond and furnishing two sureties with conditions against tampering and harassment.

Karan Singh Vs State of U.P. — Murder and Culpable Homicide | Allahabad HC (2018)

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Court No. - 55

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 16630 of 2018

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Applicant :- Karan Singh Opposite Party :- State Of U.P. Counsel for Applicant :- Gaurav Singh Counsel for Opposite Party :- G.A.

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Hon'ble Aniruddha Singh,J.

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Supplementary affidavit filed today is taken on record.

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Heard learned counsel for the applicant and learned A.G.A. for the State.

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According to prosecution case, F.I.R. was lodged against three accused persons, namely, Karan Singh, Chetram and Vishal, alleging that on 04.12.2017 they assaulted to Omkar with lathi-danda, he received injuries, resultantly died; according to the postmortem report no injury was found on the body of the deceased, he was died due to burst of liver.

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Learned counsel for the applicant submitted that the applicant has been falsely implicated in the present case; there is no independent witness against the applicant; according to the postmortem report no injury was found on the body of the deceased; it is clear that this accused has not killed the deceased; nomination of co-accused Chetram and Vishal were found false; in case he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial; he is languishing in jail since 08.12.2017(more than five months) having no criminal history.

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Learned A.G.A. opposed the prayer for bail and admitted that he has received no criminal history against this accused.

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Considering the submission of learned counsel for the parties, facts of the case, nature of allegation and period of custody, gravity of offence, without expressing any opinion on the merits of the case, the Court is of the opinion that it is a fit case for bail. Hence the bail application is hereby allowed.

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Let the applicant Karan Singh involved in the Case Crime No. 562 of 2017, under Sections 304, 504, 506 I.P.C., P.S. Azeem Nagar, District Rampur be released on bail on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:

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i) The applicant shall not tamper with the prosecution evidence.

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ii) The applicant shall not threaten or harass the prosecution witnesses.

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iii) The applicant shall appear on the date fixed by the trial court.

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iv) The applicant shall not commit an offence similar to the offence of which the applicant is accused, or suspected of the commission, of which applicant is suspected.

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v) The applicant shall not directly make any inducement, threat or promise

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to any person acquainted with the facts of the case so as to dissuade the applicant from disclosing such facts to the Court or to any police officer or tamper with the evidence.

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

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Order Date :- 15.5.2018 A. Tripathi

Karan Singh v. State of U.P.

Case brief

What is this about?

What did the court decide?

Karan Singh v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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