Allowed

Sudhakar Sahani v. State of U.P.

Allahabad HC12 Dec 2018BAIL/35449/2018

Case brief

AI extract

What is this about?

Hon'ble Aniruddha Singh, J. granted bail to Sudhakar Sahani charged under Section 304 IPC for causing death. The court noted no criminal history and no independent witnesses, finding it a fit case for bail subject to standard conditions.

What did the court decide?

Applicant released on bail on furnishing a personal bond and two sureties each on stated conditions with liberty to cancel bail on breach.

Sudhakar Sahani Vs State of U.P. — Murder and Culpable Homicide | Allahabad HC (2018)

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Court No. - 50

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 35449 of 2018

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Applicant :- Sudhakar Sahani Opposite Party :- State Of U.P. Counsel for Applicant :- Prakash Veer Tripathi,Birendra Singh,Shyamu Shukla Counsel for Opposite Party :- G.A., ,Akhilesh Kumar Mishra,Shyamu Shukla

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Hon'ble Aniruddha Singh,J.

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Heard learned counsel for the applicant, Akhilesh Kumar Mishra, learned counsel for the complainant, learned A.G.A for the State and perused the record.

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According to prosecution case, F.I.R. was lodged against the present applicant Sudhakar Sahani alleging that on 31.1.2018 he crushed to Abhay Kumar and Brijesh by Scorpio, bearing no. U.P. 53 AW 6900 and Abhay Kumar died. F.I.R. was lodged under Section 302 I.P.C. Later on, it was converted into Section 304 I.P.C. due to one incident occurred before one year between the applicant and injured.

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Learned counsel for the applicant submitted that applicant is languishing in jail since 9.2.2018 (more than ten months); having no criminal history; the applicant is innocent and has been falsely implicated in the present case; there was no intention or knowledge to kill the deceased; maximum offence was extended under Section 304 I.P.C. nothing else; there is no independent witness 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. as well as learned counsel for the complainant 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 Sudhakar Sahani involved in Case Crime No. 56 of 2018, under Section 304 IPC, Police Station-Dhanghata, District-Sant Kabir Nagar 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 :- 12.12.2018 OP

Sudhakar Sahani v. State of U.P.

Case brief

What is this about?

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Sudhakar Sahani v. State of U.P.

Case brief

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