Allowed

Ram Niwas and 3 Others v. State of U.P.

Allahabad HC7 Sept 2018BAIL/34120/2018

Case brief

AI extract

What is this about?

High Court bench granted bail to applicants in a case involving affray and offenses under IPC Sections 147, 148, etc., ruling that they must be released to parity with a co-accused already on bail, subject to personal bond conditions.

What did the court decide?

Release on bail by furnishing a personal bond with two sureties each in the like amount, subject to standard conditions.

Ram Niwas and 3 Others 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. - 34120 of 2018

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Applicant :- Ram Niwas And 3 Others Opposite Party :- State Of U.P. Counsel for Applicant :- Kuldeep Johri Counsel for Opposite Party :- G.A.

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Hon'ble Vivek Kumar Singh,J.

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Heard Sri Kuldeep Johri, learned counsel for the applicants and Sri Abhinav Prasad, learned A.G.A. appearing for the State.

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It has been contended by the learned counsel for the applicants that the co-accused Prempal has been granted bail by this Court on 21.5.2018 in Criminal Misc. Bail Application No.18851 of 2018, a copy of said order has been produced by the learned counsel for the applicants, which is taken on record and the case of the applicants stands on identical footing, hence the applicants are also entitled for bail on the ground of parity. The applicants have no criminal history. The applicants are in jail since 20.3.2018.

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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 applicants.

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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 and reformative theory of punishment , the applicants are 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 applicants Ram Niwas, Vedpal, Mahendra and Ram Das involved in Case Crime No.71 of 2018, under Sections 147, 148, 323, 324, 452, 504, 506, 307 I.P.C., Police Station Bisalpur, District Pilibhit be released on bail on their 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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(i) The applicants will not tamper with the evidence during the trial.

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(ii) The applicants will not pressurize/intimidate the prosecution witness.

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(iii) The applicants will appear before the trial Court on the date fixed.

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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 :- 7.9.2018 Dev/-

Ram Niwas and 3 Others v. State of U.P.

Case brief

What is this about?

What did the court decide?

Ram Niwas and 3 Others v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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