Allowed

Mahesh Kumar v. State of U.P.

Allahabad HC6 Feb 2019BAIL/4555/2019

Case brief

AI extract

What is this about?

In Criminal Misc. Bail Application No. 4555 of 2019, the Court granted bail to Mahesh Kumar, a co-accused in a murder trial at Crime No. 413/2018, subject to a personal bond with two sureties and standard conditions, noting similarity to a prior bail order for a co-accused.

What did the court decide?

Applicant released on bail subject to personal bond and two sureties with conditions to cooperate with trial and not tamper with evidence.

Mahesh Kumar Vs State of U.P. — Cheque Dishonour | Allahabad HC (2019)

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Court No. - 45

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4555 of 2019

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Applicant :- Mahesh Kumar Opposite Party :- State Of U.P. Counsel for Applicant :- Zafar Abbas Counsel for Opposite Party :- G.A.

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Hon'ble Harsh Kumar,J.

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Heard learned counsel for applicant, learned A.G.A. and perused the record.

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Learned counsel for applicant contends that applicant is not named in FIR and has been falsely implicated on the basis of statements of Kapil Kumar and Anil Kumar who allegedly seen applicant and co-accused persons taking liquor with deceased and thereafter leaving from spot and since next day dead body of Manjeet Singh was found in paddy fields, hence they suspect his murder by applicant and his associates Ahmad and Jeet Kumar; that thereafter, statements of Ganga Ram and Nirmal Singh were recorded to the effect that applicant and co-accused persons approach them and made extra judicial confession of offence before them; that applicant neither took liquor with deceased in evening of 17.09.2018 nor had any motive to cause his death nor could have been seen by Kapil Kumar or Anil KUmar near place of occurrence nor made any extra judicial confession of offence before Ganga Ram or Nirmal Singh on 18.09.2018 or any other date; that entire prosecution story is absolutely false, concocted and highly improbable; that case of applicant is identical with coaccused Jeet Kumar @ Jeetu who has been granted bail by other Bench of this Court vide order dated 24.01.2019 passed in Criminal Misc. Bail Application No. 3605 of 2019, copy of which has been produced for perusal and is taken on record; that applicant has no criminal history; that applicant undertakes that he will not misuse the liberty of bail; that applicant is in custody since 22.09.2018.

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Learned A.G.A. opposed the prayer of bail.

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Upon hearing learned counsel for the parties, perusal of record and considering the complicity of accused, severity of punishment , grant of bail to co-accused as well as totality of facts and circumstances, at this stage without commenting on the merits of the case, I find it a fit case

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for bail.

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Let the applicant Mahesh Kumar be released on bail in Case Crime No. 413 of 2018 under Sections 302, 201, 34 I.P.C., P.S. Thakurdwara District Moradabad on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:-

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(i) The applicant will co-operate with the trial and remain present personally on each and every date fixed for framing of charge, recording of evidence as well as recording of statement under Section 313 Cr.P.C. or through counsel on other dates and in case of absence without sufficient cause, it will be deemed that he is abusing the liberty of bail enabling the court concerned to take necessary action in accordance with the provisions of Section 82 Cr.P.C. or Sections 174A and 229A I.P.C.

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(ii) The applicant will not tamper with the prosecution evidence and will not delay the disposal of trial in any manner whatsoever.

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(iii) The applicant will not indulge in any unlawful activities.

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The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.

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Order Date :- 6.2.2019 M. ARIF

Mahesh Kumar v. State of U.P.

Case brief

What is this about?

What did the court decide?

Mahesh 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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