Allowed

Dilip Kumar v. State of U.P.

Allahabad HC12 Dec 2018BAIL/4752/2018

Case brief

AI extract

What is this about?

The Single Judge allowed bail to Dilip Kumar, charged under Section 304 IPC for a fatal motor vehicle accident resembling Sections 279, 337, 338, 427 IPC. Acknowledging detention beyond one year and lack of criminal history, the Court deemed it a fit case for bail without adjudicating merits.

What did the court decide?

Accused to be released on bail furnishing a personal bond and two sureties subjected to standard bail conditions including appearance in court.

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

¶1

Court No. - 50

¶2

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4752 of 2018

¶3

Applicant :- Dilip Kumar Opposite Party :- State Of U.P. Counsel for Applicant :- Ramesh Kumar Pandey,Ajay Kumar Pandey Counsel for Opposite Party :- G.A.

¶4

Hon'ble Aniruddha Singh,J.

¶5

Counter affidavit filed today by learned A.G.A. is taken on record.

¶6

Heard Sri Ramesh Kumar Pandey and Sri Vikash Tripathi, Advocate holding brief of Sri Ajay Kumar Pandey, learned counsel for the applicant, Sri Mayank Mishra, brief holder for the State and perused the record.

¶7

According to prosecution case, F.I.R. was lodged on 1.10.2017 for the offence under Sections 279, 337, 338, 427 IPC against the applicant alleging that a wagon-r car bearing no. HR26BY6378 driven by applicant, hit a motorcycle and tempo. Three persons were died and case was converted under Section 304 IPC.

¶8

It is submitted by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. He was not the driver of said car and has no concern with said offence. Offences levelled against the applicant are not attracted in the present case. There was no intention or knowledge about death of any person. F.I.R. was lodged on the basis of suspicion. For the offence under Sections 279, 337, 338, 427 IPC, applicant has already been granted bail. There is no possibility to get this case decided in short period in future. There is no independent witness and no legal evidence against the applicant. He is languishing in jail since 30.11.2017 (more than one year) having no criminal history and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.

¶9

Learned A.G.A. 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.

¶10

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.

¶11

Let applicant Dilip Kumar involved in Case Crime No. 1400 of 2017, under Section 304 IPC, Police Station Indirapuram, District Ghaziabad 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:

¶12

The applicant will not tamper with the evidence during the trial.

¶13

2.The applicant will not pressurize/ intimidate the prosecution witness.

¶14

3.The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.

¶15

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.

¶16

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.

¶17

In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.

¶18

Order Date :- 12.12.2018 A. Singh

Dilip Kumar v. State of U.P.

Case brief

What is this about?

What did the court decide?

Dilip Kumar v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Leeley Vs State of U.P.

Chhotey Lal Vs State of U.P.

Saddam Vs State of U.P.

Ramashre Nishad Vs State of U.P.

Smt. Sunita Vs State of U.P.

Sudhakar Sahani Vs State of U.P.