Allowed

Omveer v. State of U.P.

Allahabad HC10 Jul 2019BAIL/27366/2019

Case brief

AI extract

What is this about?

In a bail application regarding an offence under Section 392 IPC, the applicant denied false implication and lack of identification. The court found it a fit case for bail given the bail plea circumstances without expressing opinion on merits and granted bail subject to conditions.

What did the court decide?

Applicant to be released on bail furnishing a personal bond and two reliable sureties subject to standard conditions.

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

¶1

Court No. - 80

¶2

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 27366 of 2019 Applicant :- Omveer Opposite Party :- State Of U.P. Counsel for Applicant :- Vindeshwari Prasad,Praveen Kumar Srivastava Counsel for Opposite Party :- G.A.

¶3

Hon'ble Ajit Singh,J.

¶4

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

¶5

This is a bail application on behalf of the applicant in connection with Special Session Trial No.1283 of 2019, Case Crime No. 04 of 2019, under Section 392 IPC, P.S. Islamnagar, District Budaun.

¶6

The contention of the learned counsel for the applicant is that he has been falsely implicated in the present case and the name of the applicant has surfaced in the confessional statement of the co-accused Radhakrishna, who has already been enlarged on bail vide order dated 10.4.2019 passed by another Bench of this Court in Criminal Misc. Bail Application No.14834 of 2019, copy whereof has been annexed on page 23 of the bail application. He further submitted that no proper identification parade was conducted by the police. Offence is triable by the Magistrate. The criminal history of the applicant has been explained in paragraph no. 9 of the bail application.

¶7

Lastly, he submitted that the applicant is languishing in jail since 2.3.2019 and in case, he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial.

¶8

Learned AGA has opposed the bail plea.

¶9

Considering the overall facts and circumstances, the nature of allegations, the gravity of offence, the severity of the punishment, the evidence appearing against the accused but without expressing any opinion on merits, this Court finds it to be a fit case for bail.

¶10

Accordingly, the bail application stands allowed .

¶11

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

¶12

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

¶13

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

¶14

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

¶15

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

¶16

v) 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

¶17

to dissuade such person from disclosing facts to the Court or to any police officer or tamper with the evidence.

¶18

Order Date :- 10.7.2019

¶19

Mini

Omveer v. State of U.P.

Case brief

What is this about?

What did the court decide?

Omveer v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Anoop Kumar Vs State of U.P.

Ranjan Singh Vs State of U.P.

Monu @ Kuldeep Singh Vs State of U.P.

Ramu Vs State of U.P.

Dileep Baheliya and Another Vs State of U.P.

Hemant Banerjee Vs State of U.P.