Allowed

Jai Kumar and Another v. State of U.P.

Allahabad HC21 Feb 2018BAIL/4850/2018

Case brief

AI extract

What is this about?

Hon'ble Aniruddha Singh, J. allowed a bail application filed by Jai Kumar and Ravi Kumar accused under various sections of the IPC. The court held it was a fit case for bail, granting release on personal bond and sureties subject to standard conditions.

What did the court decide?

Applicants released on bail on executing personal bond and furnishing two sureties each subject to specific conditions.

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

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Court No. - 22

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4850 of 2018

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Applicant :- Jai Kumar And Another Opposite Party :- State Of U.P. Counsel for Applicant :- Vishal Agarwal Counsel for Opposite Party :- G.A.

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Hon'ble Aniruddha Singh,J.

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

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According to prosecution case, F.I.R. was lodged by the informant against seven accused persons, namely, Jai Kumar, Jitendra, Ravi, Subhash, Dwivesh and Pankaj, alleging that on 12.10.2017 they assaulted Raj Singh, Aakash and Sanjay by lathi-danda and sharp-edged weapon. Sanjay received one injury on his chest and Aakash received one injury on head and all other injuries are simple in nature except two injuries.

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It has been submitted by the learned counsel for the applicant that applicants are innocent and have been falsely implicated in the present case; there is a cross case in Case Crime No.449 of 2017, including 307 I.P.C. It was a case of sudden fight and incident has taken place spur moment, applicant's side two persons Jai Kumar and Jitendra have received injuries. There is general role against all accused persons. At this stage, it would not be possible to decide they are the aggressor; applicants have no criminal history; they are languishing in jail since 08.01.2018 (more than one and half month) and in case they are released on bail, they will not misuse the liberty of bail and will cooperate in trial.

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Learned A.G.A. and 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 applicants have 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 applicants Jai Kumar and Ravi Kumar involved in the Case Crime No.432 of 2017, under Sections 147, 148, 149, 323, 324, 307, 452, 504 and 506 IPC, P.S. Rampur, District-Saharanpur be released on bail on executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned subject to the following conditions:

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

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

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

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4.The applicants shall not commit an offence similar to the offence of which they are accused, or suspected, of the commission of which they are suspected.

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5.The applicants 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 them 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 :- 21.2.2018 JSP

Jai Kumar and Another v. State of U.P.

Case brief

What is this about?

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Jai Kumar and Another v. State of U.P.

Case brief

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