Allowed

Piyush v. State of U.P.

Allahabad HC14 Nov 2019BAIL/19107/2019

Case brief

AI extract

What is this about?

In Criminal Misc. Bail Application No. 19107 of 2019, the Hon'ble Court granted bail to applicant Piyush charged in Case Crime No. 528 of 2018 under Sections 147, 148, 149, 302, 307, 120-B and 506 IPC. The Court observed that co-accused had been granted bail and ordered release on personal bond and two sureties with conditions against tampering with evidence and pressurizing witnesses.

What did the court decide?

Let applicant-Piyush be released on bail on personal bond and two reliable sureties subject to conditions not to tamper with evidence, not pressurize witnesses, and appear on dates fixed.

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

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Court No. - 66

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 19107 of 2019

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Applicant :- Piyush Opposite Party :- State of U.P. Counsel for Applicant :- Brajesh Kumar Singh,P.K. Singh Counsel for Opposite Party :- G.A.

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Hon'ble Rajul Bhargava,J.

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Heard Sri P.K. Singh, learned counsel for the applicant and the learned A.G.A. for the State and perused the record.

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The present bail application has been filed by the applicantPiyush in Case Crime No.528 of 2018, under Sections 147, 148, 149, 302, 307, 120-B and 506 I.P.C., Police Station Seohara, District-Bijnor with the prayer to enlarge him on bail.

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According to prosecution case, F.I.R. was lodged against seven accused persons, namely, Robin, Rahul, Bittu, Jaiveer Singh, Shubham, Aditya, Monika and one unknown person alleging that on 27.9.2018 due to previous enmity they killed Rakesh Kumar by firing a shot on the husband of the complainant. Statement of accused Piyush was recorded in which he stated that he (Piyush), Pradeep, Sonu, Akshay, Robin and Rahul killed Rakesh Kumar. It is also pointed out that co-accused, Pradeep, Rahul, Shubham and Monika have been granted bail by coordinate Benches of this Court in Criminal Misc. Bail Application No.39298 of 2019, 15108 of 2019, 21836 of 2019, 8747 of 2019. There is no early prospect of conclusion of trial. So, the applicant, who is in jail since 19.10.2018, also deserves to be released on bail.

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Per contra, learned AGA has vehemently opposed the prayer for grant of bail to the applicant but could not point out anything material to the contrary.

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Considering the facts and circumstances of the case as also the submissions advanced by learned counsel for the parties, without expressing any opinion on merits of the case, I am of the view that the applicant is entitled to be released on bail.

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Let applicant-Piyush be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned subject to following conditions that:-

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1.The applicant shall not tamper with the prosecution evidence;

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2.The applicant shall not pressurize the prosecution witnesses;

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

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In case of default of any of the conditions enumerated above, the courts below shall be at liberty to cancel bail of the applicant.

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Order Date :- 14.11.2019

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MN/-

Piyush v. State of U.P.

Case brief

What is this about?

What did the court decide?

Piyush v. State of U.P.

Case brief

What is this about?

What did the court decide?

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