Allowed

Jeetu Kashyap v. State of U.P.

Allahabad HC11 Jan 2019BAIL/1608/2019

Case brief

AI extract

What is this about?

The single judge allowed a bail application filed by an accused alleged to have assaulted the deceased. Relying on the fact that another co-accused with an indistinguishable role had been granted bail, held that the applicant was a fit case for bail subject to standard conditions. The applicant was released on personal bond with two sureties.

What did the court decide?

The applicant was released on bail by furnishing a personal bond and two sureties, subject to standard conditions not to tamper with evidence or intimidate witnesses.

Jeetu Kashyap Vs State of U.P. — Murder and Culpable Homicide | Allahabad HC (2019)

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Court No. - 50

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1608 of 2019

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Applicant :- Jeetu Kashyap Opposite Party :- State Of U.P. Counsel for Applicant :- Ali Hasan Counsel for Opposite Party :- G.A.

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Hon'ble Aniruddha Singh,J.

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Heard Sri Ali Hasan, learned counsel for the applicant, Smt. Ladlee Pandey, learned A.G.A for the State and perused the record.

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According to prosecution case, F.I.R. was lodged against four accused persons, namely Gopal Prajapati @ Ankit, Ramnaresh, Jitu Kashyap and mother of Gopal alleging that on 9.9.2018 they assaulted Ajay Pal and Vijay Pal. Vijay Pal received one head injury, resultantly died. All injured received by injured Ajay Pal are simple in nature.

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It is submitted by learned counsel for the applicant that coaccused namely Ram Naresh has been granted bail by this Court vide order dated 18.12.2018 in Criminal Misc. Bail Application No. 48485 of 2018, since the role of the applicant is not distinguishable with the role of co-accused, therefore, the applicant is also entitled for bail. The applicant is innocent and has been falsely implicated in the present case. There are general role against all accused persons. It is not clear from the prosecution case, who is author of head injury due to which he died. There is no independent witness and no legal evidence against the applicant. Offences levelled against the applicant are not attracted in the present case. He is languishing in jail since 12.9.2018 (near about five months) having no criminal history and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.

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Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact as argued by learned counsel for the applicant and admitted that applicant has no criminal history and the case of present applicant is identical to coaccused Ram Naresh who has been enlarged on bail.

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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 applicant Jeetu Kashyap involved in Case Crime No. 170 of 2018, under Sections 308, 304, 323, 504 IPC, Police Station Raipurwa, District Kanpur Nagar be released on bail

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on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court 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 :- 11.1.2019

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A. Singh

Jeetu Kashyap v. State of U.P.

Case brief

What is this about?

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Jeetu Kashyap v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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