Allowed

Brijesh Kumar v. State of U.P.

Allahabad HC22 Jul 2019BAIL/27870/2019

Case brief

AI extract

What is this about?

This is a bail application for Brijesh Kumar in a theft-related criminal case. The Hon'ble Court, after hearing counsel and considering the facts and without expressing an opinion on merits, allowed the bail application subject to standard conditions including personal bond and sureties.

What did the court decide?

The applicant Brijesh Kumar was released on bail on executing a personal bond and furnishing two sureties.

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

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Court No. - 80

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 27870 of 2019

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Applicant :- Brijesh Kumar Opposite Party :- State Of U.P. Counsel for Applicant :- Sushil Kumar,Karma Singh Yadav Counsel for Opposite Party :- G.A.

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Hon'ble Ajit Singh,J.

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

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This is a bail application on behalf of the applicant Brijesh Kumar in connection with Case Crime No.230 of 2019, under Sections 379, 411 I.P.C., P.S. Mugra Badshahpur, District Jaunpur.

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The submission of learned counsel for the applicant is that the applicant is quite innocent and has been falsely implicated in the present case with the ulterior motive. He submitted that the alleged recovery is totally fake and false. He submitted that there is no public witness of the alleged recovery. He further submitted that all the offences are triable by the court of Magistrate. He submitted that the applicant is languishing in jail since 31.05.2019 and in case, he is released on bail he will not misuse the liberty of bail and will cooperate in the trial.

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Learned A.G.A. has opposed the bail plea.

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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.

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Accordingly, the bail application stands allowed.

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Let the applicant Brijesh Kumar involved in the aforesaid crime be released on bail on 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;

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

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Order Date :- 22.7.2019

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R./

Brijesh Kumar v. State of U.P.

Case brief

What is this about?

What did the court decide?

Brijesh Kumar v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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