Allowed

Suresh Patel and Another v. State of U.P.

Allahabad HC17 May 2019BAIL/18245/2019

Case brief

AI extract

What is this about?

Criminal Misc. Bail Application regarding a case under Sections 147, 148, 307 IPC. The Single Judge held it a fit case to enlarge the applicants by remitting proceedings to the trial magistrate for fixation of bail bond and sureties without assigning reasons.

What did the court decide?

Applicants Suresh Patel and Narendra @ Nagendra Singh released on bail upon furnishing personal bond and two sureties of like amount.

Suresh Patel and Another Vs State of U.P. — Bail and Remand | Allahabad HC (2019)

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Court No. - 68

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 18245 of 2019

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Applicant :- Suresh Patel And Another Opposite Party :- State Of U.P. Counsel for Applicant :- Om Prakash Vishwakarma,P.K. Upadhyay,Swati Agrawal Srivastava Counsel for Opposite Party :- G.A.,Ashok Kumar Upadhyay

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Hon'ble Umesh Chandra Tripathi,J.

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Heard learned counsel for the applicants, learned A.G.A., for the State of U.P., and Sri Ashok Kumar Upadhyay, learned counsel for the informant. Perused the record.

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This bail application has been moved by the applicants who are involved in Case Crime No. 4 of 2019, under Sections 147, 148, 149, 323, 504, 506, 326, 307 I.P.C., Police StationMaharajganj, District Jaunpur.

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Learned counsel for the applicants contended that informant Sanjay Kumar Dubey has lodged this first information report after two days of the occurrence without any plausible explanation. Cross case has been lodged on the same day by co-accused Anil Patel without any delay. From the prosecution side, it is alleged that Sanjay Kumar Dubey and Rajiv Kumar Dubey have sustained injuries but their injuries are fabricated. They have sustained no burn injuries, which might have been caused by boiling oil. Applicants have been implicated in this case, only to escape from the liability of cross case. No specific role has been assigned to the applicants. From the side of applicants, Raisahab Patel, Anil Patel and Narendra Singh have sustained fire arm-injuries. None from the side of prosecution has sustained fire arm injuries. Applicants are languishing in jail since 2.4.2019 and they have no criminal antecedents.

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Learned A.G.A., and learned counsel for the informant have opposed the prayer for bail. Learned A.G.A., contended that there is no infirmity in the impugned order passed by the court below. Learned counsel for the informant contended that informant Sanjay Kumar Dubey and his brother Rajiv Kumar Dubey have sustained injuries dangerous to life. They were admitted in hospital for 21 days. Applicants are threatening the prosecution witnesses. Applicants have got order in their favour by misleading this Court under Section 482 Cr.P.C. Accordingly they do not deserve for bail.

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Cross case has been lodged by co-accused Anil Patel on the same day. Raisahab Patel, Anil Patel and Narendra Singh have sustained fire-arm injuries. At this stage, as to which party is the aggressor, cannot be determined.

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Considering the facts and circumstances of the case, I find it a fit case for enlarging the applicants on bail. Let the applicants Suresh Patel and Narendra @ Nagendra Singh be released on bail in the aforesaid case crime number on their furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the C.J.M./Magistrate, concerned.

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Application stands allowed .

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Order Date :- 17.5.2019 Jaswant

Suresh Patel and Another v. State of U.P.

Case brief

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Suresh Patel and Another v. State of U.P.

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