Allowed

Surya Narain v. State of U.P.

Allahabad HC22 May 2018BAIL/19028/2018

Case brief

AI extract

What is this about?

The Single Judge allowed the bail application of the applicant accused of culpable homicide not amounting to murder and criminal conspiracy, held him innocent, noted lack of independent witnesses, and granted bail on furnishing sureties subject to standard conditions.

What did the court decide?

Released on bail on furnishing a personal bond and two sureties subject to conditions of not tampering with evidence, intimidating witnesses, and appearing before the trial court.

Surya Narain Vs State of U.P. — Bail and Remand | Allahabad HC (2018)

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Court No. - 55

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 19028 of 2018

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Applicant :- Surya Narain Opposite Party :- State Of U.P. Counsel for Applicant :- Purushottam Mani Tripathi 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, Sri Pawan Prakash, learned A.G.A for the State and perused the record.

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According to prosecution case, F.I.R. was lodged on 13.10.2017 against three accused persons, namely Suryanarayan, Sunil and Gudiya alleging that there is illicit relation between Gudiya (daughter of applicant Surya Narain) and deceased; on 8.9.2017 they assaulted Tunnu Gupta, he received two head injuries, resultantly died.

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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 admitted the deceased in the hospital on 8.9.2017 and Dr. Istyak was stated that applicant informed him that deceased has consumed poison. Doctor found no injury was found on the body of deceased. F.I.R. was lodged after one month and five days without explaining any delay. There in no independent witness and no eye witness account against the applicant. There is general allegation against all accused persons. Offences levelled against the applicant are not attracted in the present case. He is languishing in jail since 12.4.2018 (more than one month) 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 Surya Narain involved in Case Crime No. 170 of 2017, under Sections 304, 120-B IPC, Police Station Jatahan Bazar, District Kushinagar 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 :- 22.5.2018

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A. Singh

Surya Narain v. State of U.P.

Case brief

What is this about?

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Surya Narain v. State of U.P.

Case brief

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