Allowed

Aman v. State of U.P.

Allahabad HC17 Apr 2019BAIL/16873/2018

Case brief

AI extract

What is this about?

This court granted bail to the applicant in a criminal case under Section 306 IPC. The applicant was to be released on personal bond with two sureties subject to standard conditions, and the trial court was directed to decide the case expeditiously under Section 309 Cr.P.C.

What did the court decide?

Release on bail on execution of personal bond with two sureties subject to specified conditions; direction to trial court to decide the matter expeditiously.

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

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Court No. - 51

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 16873 of 2018

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Applicant :- Aman Opposite Party :- State Of U.P. Counsel for Applicant :- Vishnu Kumar,Hemant Kumar Rai Counsel for Opposite Party :- G.A.

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Hon'ble Vipin Sinha,J.

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Heard learned counsel for the applicant and learned A. G. A. for the State.

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Applicant has moved the present bail application seeking bail in Case Crime No. 246 of 2017, under Sections 306 I.P.C., P.S. Akrabad, District Aligarh.

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I have perused the prosecution story as set up in the F.I.R. and also the bail rejection order.

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The contention as raised at the bar by learned counsel for the applicant is that the applicant has been falsely implicated in the present case; it is contended that though initially the FIR was lodged under Sections 376 and 302 IPC, but ultimately after investigation a chargesheet has been filed only under Section 306 IPC. Much reliance has been placed upon the police report, even as per the postmortem report, there are no other injuries on the body of the deceased.

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The bail application has been vehemently opposed by learned A. G. A.

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Without expressing any opinion on the merits of the case, at this stage, prima facie, a case for bail has been made out. However, the said prima facie view of this Court will not in any manner adversely affect the case of the prosecution.

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The prayer for bail is granted. The application is allowed.

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

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i) The applicant shall not tamper with the prosecution evidence.

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ii) The applicant shall not threaten or harass the prosecution witnesses.

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iii) The applicant shall appear on the date fixed by the trial court.

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iv) The applicant shall not commit an offence similar to the offence of which the applicant is accused, or suspected of the commission, of which applicant is suspected.

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v) The applicant shall not directly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade the applicant from disclosing such facts to the Court or to

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any police officer or tamper with the evidence.

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In case of default of any of the conditions enumerated above, the learned counsel for the complainant is free to move an application for cancellation of bail before this Court.

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However, it is directed that the aforesaid case crime number pending before the concerned court below be decided expeditiously, if possible preferably within a period of ... in accordance with Section 309 Cr.P.C. and in view of principle as has been laid down in the recent judgment of Hon'ble Apex Court in the case of Vinod Kumar v. State of Punjab reported in 2015 (3) SCC 220 , if there is no legal impediment.

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It is made clear that in case the witnesses are not appearing, the concerned court is directed to initiate necessary coercive measure for ensuring their presence.

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Let a copy of the order be certified to the court concerned for necessary compliance.

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Order Date :- 17.4.2019 Kuldeep

Aman v. State of U.P.

Case brief

What is this about?

What did the court decide?

Aman v. State of U.P.

Case brief

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