Allowed

Sunil @ Bhura v. State of U.P.

Allahabad HC19 Nov 2019BAIL/41857/2018

Case brief

AI extract

What is this about?

In this bail application, the Court granted bail to the applicant, Sunil alias Bhura, who was implicated based on a co-accused's confession but not named in the FIR. The Court released him on personal bond and two sureties with standard bail conditions including surrender and reporting to the police station.

What did the court decide?

Released on bail subject to furnishing a personal bond and two sureties with conditions to not tamper with evidence, intimidate witnesses, appear in court, and report to police.

Sunil @ Bhura Vs State of U.P. — Bail and Remand | Allahabad HC (2019)

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Court No. - 34

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 41857 of 2018

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Applicant :- Sunil @ Bhura Opposite Party :- State of U.P. Counsel for Applicant :- Sunil Kumar Srivastava Counsel for Opposite Party :- G.A.

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Hon'ble Sudhir Agarwal,J.

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Heard Sri Sunil Kumar Srivastava, learned counsel for applicant and learned A.G.A. for State.

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The present bail application has been moved by the accused-applicant for enlarging him on bail in Case Crime No. 425 of 2017, under Sections 392, 411 I.P.C., Police Station Kurawali, District Mainpuri.

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It is stated that applicant is not named in the F.I.R. and F.I.R. was lodged agaisnt unknown persons. Applicant has been dragged in the case only on the basis of confessional statement of co-accused Nilesh alias Bhore, who has already been granted bail by this Court vide order dated 25.01.2018 in Bail Application No. 4156 of 2018. Applicant has been falsely implicated in the present case. There are no chances of applicant of fleeing away from judicial process or tampering with prosecution evidence. He undertakes to appear personally on each and every date and also not to seek any unnecessary adjournment during trial. The applicant is in jail since 04.10.2017 and in case he is enlarged on bail, he will not misuse liberty of bail.

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Learned A.G.A. has opposed the prayer for bail.

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Considering the facts and circumstances of the case, without expressing any opinion on merits of the case, I think it appropriate to release applicant on bail.

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The application is allowed.

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Let applicant, Sunil alias Bhura, involved in Case Crime No. 425 of 2017, under Sections 392, 411 I.P.C., Police Station Kurawali, District

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Mainpuri be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of Court concerned with following conditions:

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(i) The applicant will not temper with the evidence during trial.

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(ii) The applicant will not pressurize/intimidate the prosecution witness.

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(iii) The applicant will appear before Trial Court on the date fixed.

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(iv) The applicant shall report to the Police Station concerned in the first week of each month to show his good conduct and behaviour.

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In case of breach of any of above conditions by applicant, the Court below shall be at liberty to cancel his bail.

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Order Date :- 19.11.2019 PS

Sunil @ Bhura v. State of U.P.

Case brief

What is this about?

What did the court decide?

Sunil @ Bhura v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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