Allowed

Todi and Another v. State of U.P.

Allahabad HC17 Jun 2019BAIL/24420/2019

Case brief

AI extract

What is this about?

In a bail application under Sections 302 and 506 IPC, the court observed no recovery of weapons and cited bail of co-accused, finding it a fit case for bail without expressing preference on merits, granting bail under standard conditions.

What did the court decide?

Released on bail by furnishing personal bond and two sureties each with conditions against tampering and criminal activity.

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

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Court No. - 46

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 24420 of 2019

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Applicant :- Todi And Another Opposite Party :- State Of U.P. Counsel for Applicant :- Jai Prakash Singh Counsel for Opposite Party :- G.A.

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Hon'ble Umesh Kumar,J.

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Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material placed on record.

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This bail application has been preferred by the accusedapplicant, who is involved in Sessions Trial No. 57 of 2019, Case Crime No. 461 of 2018, under Sections 302, 506 I.P.C., Police Station- Khutar, District- Shahjahanpur.

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Learned counsel for the applicants submits that applicants are innocent and have been falsely implicated in this case. He next submitted that there is no recovery of any weapon or lathi danda from the applicants. He further submitted that the coaccused Khushiram and Kamlesh have already been enlarged on bail by another co-ordinate Benches of this Court vide orders dated 10.04.2019 and 22.04.2019 passed in Criminal Misc. Bail Application Nos. 14313 of 2019 and 16378 of 2019, respectively. It is next contended that there is no possibility of the applicants of fleeing away from the judicial process or tempering with the witnesses and in case, the applicants are enlarged on bail, the applicants shall not misuse the liberty of bail. The applicant have no criminal history. The applicants are in jail since 22.11.2018.

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Learned A.G.A has vehemently opposed the prayer for grant of bail.

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Considering the facts and circumstances of the case, without expressing any opinion on the merits of the case, I find it a fit case for bail.

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Let the applicants Todi and Jagadant involved in the aforesaid crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-

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The applicants shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the

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investigation or trial.

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They shall cooperate in the trial bonafidely without seeking adjournments.

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They shall not indulge in any criminal activity or commission of any crime after being released on bail.

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In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Identity, status and residence proof of the applicants and sureties be verified by the court concerned before the bonds are accepted.

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Order Date :- 17.6.2019 V.S.Singh

Todi and Another v. State of U.P.

Case brief

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Todi and Another v. State of U.P.

Case brief

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