Allowed

Amit v. State of U.P.

Allahabad HC18 Aug 2018BAIL/31158/2018

Case brief

AI extract

What is this about?

Single judge allowed bail to the applicant Amit in a criminal case involving offences under Sections 147, 148, 149, 411 IPC, etc., holding he was entitled to release on grounds of parity, nature of accusation, and prima facie satisfaction despite opposition by State counsel.

What did the court decide?

Release of applicant on bail by executing a personal bond with two sureties each in like amount subject to conditions.

Amit 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. - 31158 of 2018

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Applicant :- Amit Opposite Party :- State Of U.P. Counsel for Applicant :- Sudhanshu Kumar Singh Counsel for Opposite Party :- G.A.

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Hon'ble Vivek Kumar Singh,J.

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Heard Sri Sudhanshu Kumar Singh, learned counsel for the applicant and Sri Ravi Singh Parihar, learned A.G.A. appearing for the State.

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It has been contended by the learned counsel for the applicant that the coaccused Shivam @ Bhalla having similar role has been granted bail by this Court vide order dated 20.02.2018 in Criminal Misc. Bail Application No. 6060 of 2018, a copy of said order has been annexed as Annexure No. 3 to the affidavit filed in support of bail application and the case of the applicant stands on identical footing, hence the applicant is also entitled for bail on the ground of parity. The applicant is in jail since 27.12.2017.

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Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact as argued by the learned counsel for the applicant.

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Considering the nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tempering of the witnesses and prima facie satisfaction of the Court in support of the charge, the applicant is entitled to be released on bail in this case.

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Without expressing any opinion on the merits of the case let the applicant Amit involved in Case Crime No. 1461 of 2017, under Sections 147, 148, 149, 411, 414, 420, 307 I.P.C. and 41/102 Cr.P.C., Police Station Uttar, District Firozabad be released on bail on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-

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The applicant will continue to attend and co-operate in the trial pending before the court concerned on the date fixed after release.

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He will not tamper with the witnesses.

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He will not indulge in any illegal activities during the bail period.

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It is further directed that the identity, status and residence proof of the sureties be verified by the authorities concerned before they are accepted.

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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 :- 18.8.2018

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Arti

Amit v. State of U.P.

Case brief

What is this about?

What did the court decide?

Amit v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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