Allowed

Mayank v. State of U.P.

Allahabad HC17 Dec 2018BAIL/48030/2018

Case brief

AI extract

What is this about?

In Criminal Misc. Bail Application No. 48030 of 2018, the Single Judge allowed the bail application of accused Mayank in an IPC case concerning unnatural death/murder and criminal conspiracy. The bench found the applicant fit for bail, citing parity with co-accused who had already been released and the late implication based on an extra judicial confession made after one and a half months of the i

What did the court decide?

The applicant may be released on bail on furnishing a personal bond and two reliable sureties of the like amount.

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

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Court No. - 15

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 48030 of 2018

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Applicant :- Mayank Opposite Party :- State Of U.P. Counsel for Applicant :- Lalit Kumar Srivastava Counsel for Opposite Party :- G.A.

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Hon'ble Umesh Chandra Tripathi,J.

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Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.

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This bail application has been moved by the accused-applicant Mayank, who is involved in Case Crime No. 725 of 2018, under Sections 147, 148, 149, 307, 302, 120B and 34 IPC, Police Station - Malpura, District - Agra.

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It is contended by learned counsel for the applicant that applicant is not named in the F.I.R. After one and half months of the occurrence, on the basis of statement of public witness Kaushal Katara, applicant has been made accused in this case. The police has also falsely implicated in seven other cases after arrest in this case, out of which four cases were pending before this incident. Moreover, similarly placed co-accused Sintu@Shivakanta, Jitendra@Jeete and Bhura@Anurudh Sharma@Anurup Sharma , whose case is on equal footing to that of the applicant, have been admitted to bail vide order passed in Criminal Misc. Bail Application No. 37426 of 2018 dated 05.10.2018, Criminal Misc. Bail Application No. 40313 of 2018 dated 26.10.2018 and Criminal Misc. Bail Application No. 45799 of 2018 dated 30.11.2018 respectively. Hence, the present applicant is also entitled to be admitted to bail on the ground of parity. He further contended that co-accused Lala has also been enlarged on bail. Applicant is languishing in jail since 26.07.2018.

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Per contra, learned A.G.A. has opposed the prayer for bail. However, admitted this fact that on the basis of statement of Kaushal Katara and Geeta Ram, applicant has been made accused in this case. He submitted that four cases against applicant is pending before this occurrence.

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Applicant has been made accused in this case on the basis of extra judicial confession made after one and half months of occurrence.

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Considering the facts and circumstances of the case, I find it a fit case for enlarging the applicant on bail. Let the applicant- Mayank , be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the C.J.M./Magistrate, concerned.

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Application stands allowed.

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Order Date :- 17.12.2018 VG..

Mayank v. State of U.P.

Case brief

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Mayank v. State of U.P.

Case brief

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