Allowed

Suresh v. State of U.P.

Allahabad HC19 Mar 2018BAIL/9126/2018

Case brief

AI extract

What is this about?

Bail application filed by Suresh challenged for murder, conspiracy, and criminal intention. Court found no incriminating evidence beyond last seen and parity with acquitted co-accused. Bail granted with conditions to ensure court appearance and no tampering with evidence.

What did the court decide?

Applicant released on bail with personal bond and two sureties on conditions to not tamper with evidence and cooperate in trial.

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

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Court No. - 17

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9126 of 2018

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Applicant :- Suresh Opposite Party :- State Of U.P. Counsel for Applicant :- Rajesh Kumar Verma Counsel for Opposite Party :- G.A.,Devesh Vikram,Virendra Singh

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Hon'ble Dinesh Kumar Singh-I,J.

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Learned counsel for the applicant has filed supplementary affidavit which is taken on record.

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This bail application has been moved seeking bail in Case Crime No.435 of 2017 under sections 302, 120B, 404 I.P.C., Police Station Bhojipura, District Bareilly, during the pendency of trial.

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As per FIR, the prosecution case is that on 25.8.2017 the father of the first informant Mangal Sen had gone to see his field/grove wherein sugarcane was sown at about 2.00 p.m. The first informant had also gone there subsequently and saw that on a motorcycle co-accused Roshan, Sewa Ram and Devendra Kumar were coming out from the Chak road which was adjacent to the grove where the father of the first informant had gone. When the first informant went in side the grove, he found that his father was lying on the ground with a rope tied in his neck and at some distance the present accused Suresh was standing. When the first informant asked him to untie the rope from neck of the deceased, he fled from there.

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The contention of the learned counsel for the applicant is that the accused-applicant has been falsely implicated. The coaccused Devendra Kumar having identical role has been released on bail by a Coordinate Bench of this Court. He has been stated to have been seen where the dead body of the deceased was lying. There is no other connecting piece of evidence gathered by the police linking him to the commission of this offence. The applicant is not involved in any other criminal case. The applicant is absolutely innocent and is languishing in jail since 24.10.2017. In case the applicant is released on bail he will not misuse the liberty of bail.

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Sri Virendra Singh, learned counsel for the complainant is present and he has not controverted the aforesaid fact nor did learned A.G.A. controvert the aforesaid fact.

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Heard learned counsel for the applicant as well as learned AGA for the State and perused the material placed on record.

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In the light of the aforesaid arguments, looking to the fact no incriminating evidence has been gathered other than of last seen and also his parity with co-accused Devendra Pal @ Devendra Kumar and taking into consideration the nature of offence, quantum of punishment and period of detention in jail, without expressing any opinion on the merits of the case, it is found to be a fit case for bail.

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Let the applicant Suresh involved in aforesaid crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions that :-

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The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.

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The applicant shall cooperate in the trial sincerely without seeking any adjournment.

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The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.

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In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.

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Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.

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Order Date :- 19.3.2018 AU

Suresh v. State of U.P.

Case brief

What is this about?

What did the court decide?

Suresh 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

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