Allowed

Akhilesh Kumar Alias Munnu v. State of U.P.

Allahabad HC22 Apr 2019BAIL/16413/2019

Case brief

AI extract

What is this about?

Court allowed bail to Akhilesh Kumar Alias Munnu in a criminal case alleging assault causing death, noting the absence of specific evidence against him and his clean criminal record while imposing standard bail conditions.

What did the court decide?

Release on bail by furnishing a personal bond and two sureties subject to standard conditions including appearance in trial and non-interference with evidence or witnesses.

Akhilesh Kumar Alias Munnu Vs State of U.P. — Bail and Remand | Allahabad HC (2019)

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Court No. - 77

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 16413 of 2019

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Applicant :- Akhilesh Kumar Alias Munnu Opposite Party :- State Of U.P. Counsel for Applicant :- Ajeet Kumar Srivastava,Navin Pandey 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, Sri Kamlesh Kumar (B.H.), learned counsel appearing for the State and perused the record.

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According to prosecution case, on the basis of application u/s 156(3) Cr.P.C. F.I.R. was lodged on 1.8.2018 against five accused persons, namely Srinath, Raju, Angaj, Munnu and Mithilesh alleging that on 17.6.2017 they assaulted Ravikant by kicks and fists, resultantly died. According to postmortem report, cause of death could not be ascertained, viscera was preserved.

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It is submitted by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. Offences levelled against the applicant are not attracted in the present case. There is no independent witness and no legal evidence against the applicant. After thought, the false story was developed with legal consultation due to previous enmity. There is general allegation against the applicant. He is languishing in jail since 15.3.2019 (more than one month) 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.

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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 Akhilesh Kumar Alias Munnu involved in Case Crime No. 640 of 2017, under Section 306 IPC, Police Station Machhali Sahar, District Jaunpur be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to

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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 :- 22.4.2019 OP

Akhilesh Kumar Alias Munnu v. State of U.P.

Case brief

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Akhilesh Kumar Alias Munnu v. State of U.P.

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