Allowed

Gaurav @ Sulla v. State of U.P.

Allahabad HC23 Oct 2018BAIL/39989/2018

Case brief

AI extract

What is this about?

In this criminal bail application, the court set aside the impugned order and granted bail to the applicant, Gaurav @ Sulla, who was involved in an assault case under Section 307 IPC. The applicant was released on personal bond with two sureties subject to specific conditions.

What did the court decide?

Applicant released on bail on personal bond with two sureties in the like amount to the satisfaction of the court.

Gaurav @ Sulla 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. - 39989 of 2018

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Applicant :- Gaurav @ Sulla Opposite Party :- State Of U.P. Counsel for Applicant :- Satendra Kumar Singh Counsel for Opposite Party :- G.A.

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Hon'ble Vivek Kumar Singh,J.

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Heard Sri Satendra 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 applicant has been falsely implicated in the present case due to ulterior motive. It is next contended that no role of causing injury has been assigned to the applicant as the same has been assigned to the co-accused Sunny and Sumit. 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 2.8.2018. It has been pointed out that the applicant has no criminal history.

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

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Having heard the submissions of learned counsel of both sides, larger mandate of the Article 21 of the Constitution of India and the dictum of Apex Court in the case of Dataram Singh v. State of U.P. and another , reported in (2018) 3 SCC 22 and without expressing any view on the merit of the case, I find it to be a case of bail.

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Without expressing any opinion on the merits of the case let the applicant Gaurav @ Sulla involved in Case Crime No.322 of 2018, under Section 307 I.P.C., Police Station Kishni, District Mainpuri 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 :- 23.10.2018 Dev/-

Gaurav @ Sulla v. State of U.P.

Case brief

What is this about?

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Gaurav @ Sulla v. State of U.P.

Case brief

What is this about?

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