Allowed

Uady Bhan Sahni v. State of U.P.

Allahabad HC20 Aug 2018BAIL/31356/2018

Case brief

AI extract

What is this about?

Single judge allowed bail to Uday Bhan Sahni accused in ariot case. Court noted cross-affidavits of FIR and released applicant on personal bond with sureties subject to standard conditions.

What did the court decide?

Applicant released on bail on furnishing personal bond with two sureties in like amount subject to conditions of attending trial, not tampering with witnesses, and no illegal activities.

Uady Bhan Sahni 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. - 31356 of 2018

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Applicant :- Uady Bhan Sahni Opposite Party :- State Of U.P. Counsel for Applicant :- Brijesh Pratap Mishra Counsel for Opposite Party :- G.A.

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Hon'ble Vivek Kumar Singh,J.

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Supplementary affidavit filed on behalf of applicant in the Court today is taken on record.

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Heard Sri Brijesh Pratap Mishra, learned counsel for the applicant and learned A.G.A. appearing for the State.

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Learned counsel for the applicant submitted that there is a cross version of the F.I.R. Both the side have received injuries, which the prosecution has not been able to explain. It is apparent that prosecution has not come up with clean hands and it is difficult to ascertain at this stage as to which party is the aggressor. He lastly submitted that the applicant has no criminal history. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed forth before the court. The circumstances which, according to the counsel, led to the false implication of the accused has also been touched upon at length. It has been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required. It has also been submitted that the applicant is languishing in jail since 3.7.2018.

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Learned A.G.A. opposed the prayer for bail.

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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 tampering with the witnesses and prima facie satisfaction of the Court in support of

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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 Uday Bhan Sahni involved in Case Crime No. 498 of 2018, under Sections 147, 148, 149, 323, 504, 506 and 307 I.P.C., P.S. Khorabar, district-Gorakhpur 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 trial court will be at liberty to cancel the bail.

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Order Date :- 20.8.2018 Faridul

Uady Bhan Sahni v. State of U.P.

Case brief

What is this about?

What did the court decide?

Uady Bhan Sahni v. State of U.P.

Case brief

What is this about?

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What the court decided

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