Allowed

Shailendra Kumar Maurya v. State of U.P.

Allahabad HC21 Feb 2018BAIL/6459/2018

Case brief

AI extract

What is this about?

The Single Judge allowed bail to the applicant in a criminal miscellaneous bail application, holding that the applicant was entitled to release based on the nature of accusation, severity of punishment, and the reformative theory of punishment.

What did the court decide?

Release on bail by furnishing a personal bond with two sureties each, subject to specific conditions including attendance at trial and non-tampering with witnesses.

Shailendra Kumar Maurya Vs State of U.P. — Bail and Remand | Allahabad HC (2018)

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Court No. - 23

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6459 of 2018

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Applicant :- Shailendra Kumar Maurya Opposite Party :- State Of U.P. Counsel for Applicant :- Jawahar Lal Maurya Counsel for Opposite Party :- G.A.

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Hon'ble Vivek Kumar Singh,J.

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Heard Sri Ramesh Kumar Mishra, learned counsel for the applicant and Sri Purushottam Maurya, learned A.G.A. appearing for the State.

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Learned counsel for the applicant in support of his prayer for bail submits that the applicant is innocent and he has been falsely implicated in the present case. It is further submitted that applicant was not named in the first information report. It is further submitted that nothing has been recovered from the possession of the applicant except Rs. 150/- which is of the applicant. It is further submitted that there is no any independent witness of the alleged incident. 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 04.01.2018. The applicant has no other reported criminal antecedent.

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

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Considering the nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tempering of the witnesses and prima facie satisfaction of the Court in support of the charge and reformative theory of punishment , the applicant is entitled to be released on bail in this case.

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Without expressing any opinion on the merits of the case let the applicant Shailendra Kumar Maurya involved in Case Crime No. 326 of 2017, under Section 395, 412 I.P.C., Police Station Charwa, District Kaushambi be released on bail on his furnishing a personal bond with two sureties each in the like

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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 court below shall be at liberty to cancel the bail.

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Order Date :- 21.2.2018 Arti Sharma

Shailendra Kumar Maurya v. State of U.P.

Case brief

What is this about?

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Shailendra Kumar Maurya v. State of U.P.

Case brief

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