Allowed

Navi v. State of U.P.

Allahabad HC13 Feb 2018BAIL/547/2018

Case brief

AI extract

What is this about?

Court allowed bail application of Navi accused under multiple IPC sections including attempts to murder and affray. Bail granted on conditions of not tampering with evidence, threatening witnesses, and ensuring trial attendance, based on parity and lack of criminal record.

What did the court decide?

Applicant released on bail by furnishing personal bond and two sureties each in like amount subject to standard conditions.

Navi Vs State of U.P. — Cheating and Forgery | Allahabad HC (2018)

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Court No. - 22

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 547 of 2018

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Applicant :- Navi Opposite Party :- State Of U.P. Counsel for Applicant :- Adya Prasad Tewari,Ravi Shankar Tripathi Counsel for Opposite Party :- G.A.

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Hon'ble Aniruddha Singh,J.

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

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According to prosecution case, FIR was lodged against Bhagwan Singh, Satyapal, Chhotey, Navi and some unknown persons alleging that on 3.3.2017 at 11 P.M. they assaulted complainant Ashok Kumar with 'lathi-danda'; when Mohar Sri, Kalyan Singh and Hari Babu reached to save him, Chhotey and Navi shot fire at Kalyan Singh & Hari Babu. Kalyan Singh received firearm injuries on his chest. Hari Babu stated in his statement that only Chhotey shot fire with firearm.

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It is submitted by learned counsel for the applicant that the applicant has been falsely implicated in the present case; he has no criminal history; the case of present applicant is identical to co-accused Chhotey who has already been enlarged by coordinate Bench of this Court on bail vide order dated 7.11.2017 passed in Criminal Misc. Bail Application No.29405 of 2017 and the applicant is entitled to bail on the ground of parity. Bail order is annexed as Annexed No. 3 to the supplementary affidavit; there was no independent witness; he is languishing in jail since 27.6.2017(more than seven months) and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial.

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On the other hand, learned A.G.A. though opposed the prayer for bail but admitted that the 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 view that the applicant has made out a case for bail. The bail application is allowed.

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Let applicant Navi involved in Criminal Case No. 1410/2017, Case Crime No.66 of 2017, under Section 307, 452, 323, 325, 504, 506 IPC, Police Station Ughaiti, District Budaun be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court

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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 :- 13.2.2018 P.P.

Navi v. State of U.P.

Case brief

What is this about?

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Navi v. State of U.P.

Case brief

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