Allowed

Mahesh Upadhyay v. State of U.P.

Allahabad HC25 Jan 2019BAIL/3519/2019

Case brief

AI extract

What is this about?

In a bail application under Section 302 and 120-B IPC, the Court allowed the applicant's bail despite the gravity of the offence, considering his lack of criminal history and innocence. The application was allowed subject to standard bail conditions.

What did the court decide?

The applicant permitted to be released on bail by furnishing a personal bond and two sureties subject to specific conditions.

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

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Court No. - 50

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3519 of 2019

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Applicant :- Mahesh Upadhyay Opposite Party :- State Of U.P. Counsel for Applicant :- Ashutosh Kumar Mishra Counsel for Opposite Party :- G.A.

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Hon'ble Aniruddha Singh,J.

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This case has been assigned by The Ho'ble The Chief Justice vide order dated 25.01.2019.

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Heard learned counsel for the applicant, Mrs. Ladlee Pandey, learned A.G.A for the State and perused the record.

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According to prosecution case, F.I.R. was lodged against three accused persons, namely, Satyaprakash, Umakant and Mahesh Upadhyay alleging that on 6.8.2018 Satyaprakash and Umakant had shot fire on Ravindra @ Ballu. He received one gun shot injury in the back side of body in conspiracy of the present applicant, resultantly died.

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Learned counsel for the applicant submitted that the applicant is languishing in jail since 16.11.2018 (more than two months) having no criminal history; the applicant is innocent and has been falsely implicated in the present case; the role of the applicant is of conspirator only; no offence under Section 302 I.P.C. is made out against the applicant; the role of the applicant is extended up to only Section 120-B I.P.C.; F.I.R. was lodged after one day of the incident; there is no independent witness and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.

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Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact as argued by learned counsel for the applicant and admitted that applicant has no criminal history.

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Considering the submission of learned counsel for the parties, facts of the case, nature of allegation and period of custody, gravity of offence, without expressing any opinion on the merits of the case, the Court is of the opinion that it is a fit case for bail. Hence, the bail application is hereby allowed.

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Let the applicant Mahesh Upadhyay involved in Case Crime No. 596 of 2018, under Section 302, 120-B IPC, Police StationIglas, District-Aligarh be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions:

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The applicant will not tamper with the evidence during the trial.

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2.The applicant will not pressurize/ intimidate the prosecution witness.

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3.The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.

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

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5.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 him from disclosing such facts to the Court or to any police officer or tamper with the evidence.

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In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.

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Order Date :- 25.1.2019 OP

Mahesh Upadhyay v. State of U.P.

Case brief

What is this about?

What did the court decide?

Mahesh Upadhyay v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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