Allowed

Gaurav v. State of U.P.

Allahabad HC10 May 2018BAIL/17481/2018

Case brief

AI extract

What is this about?

In this criminal bail application, the court allowed the petitioner's request for release in a murder case involving an injury that resulted in death. The court noted the petitioner's lack of criminal history and the hostility of an injured witness before granting bail on personal bond and sureties with standard conditions.

What did the court decide?

The applicant was released on bail on furnishing a personal bond and two sureties, subject to conditions prohibiting tampering with evidence and intimidation.

Gaurav 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. - 17481 of 2018

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Applicant :- Gaurav Opposite Party :- State Of U.P. Counsel for Applicant :- Ramesh Chandra Srivastava Counsel for Opposite Party :- G.A.

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Hon'ble Aniruddha Singh,J.

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

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According to prosecution case, F.I.R. was lodged by Gram Pradhan against two accused persons, namely Nakul and Gaurav alleging that on 9.11.2017 they shot fire at Vipin and Ishwar; Vipin received two fire arm injuries, resultantly died and Ishwar received one firearm injury.

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It is submitted by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. Applicant is the friend of Nakul who is the brother of deceased Vipin and son of injured Ishwar. There is property dispute between co-accused Nakul and deceased but applicant has no concern with property of Ishwar (father of co-accused Nakul and deceased Vipin); he was no legal heir of Ishwar and he was not beneficiary of property of Ishwar. Offences levelled against the applicant are not attracted in the present case. Injured witness Ishwar was examined as P.W.2, he has not supported the prosecution case and turned hostile. He is languishing in jail since 13.11.2017 (near about six months) having no criminal history and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.

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Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact as argued by learned counsel for the applicant and admitted that applicant has no criminal history.

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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 Gaurav involved in Case Crime No. 1068 of 2017, under Sections 302, 307 IPC, Police Station Deoband, District Saharanpur be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions:

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The applicant will not tamper with the evidence during the trial.

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2.The applicant will not pressurize/ intimidate the prosecution witness.

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3.The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.

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

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5.The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him 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 :- 10.5.2018

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A. Singh

Gaurav v. State of U.P.

Case brief

What is this about?

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Gaurav v. State of U.P.

Case brief

What is this about?

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