Allowed

Jai Narayan v. State of U.P.

Allahabad HC17 Apr 2019BAIL/46299/2018

Case brief

AI extract

What is this about?

This judgment grants bail to the applicant in a criminal case involving Sections 323, 326, 504, 506 IPC, finding it a fit case for bail without expressing an opinion on the merits of the allegations.

What did the court decide?

Ball was granted subject to the furnishing of a personal bond and two sureties and compliance with conditions regarding witness tampering and future criminal activity.

Jai Narayan Vs State of U.P. — Cheating and Forgery | Allahabad HC (2019)

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Court No. - 22

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 46299 of 2018

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Applicant :- Jai Narayan Opposite Party :- State Of U.P. Counsel for Applicant :- Shailendra Kumar Tripathi,Ram Babu Singh

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Counsel for Opposite Party :- G.A.

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Hon'ble Umesh Kumar,J.

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

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This bail application has been preferred by the accusedapplicant, who is involved in Case Crime No. 235 of 2018 under Sections 323, 326, 504, 506 I.P.C. Police Station Chhibramau, District Kannauj.

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As per F.I.R. version, on 2.3.2018 at about 7.00 p.m. the accused and other co-accused persons armed with lathi-danda came to the house of the informant, began to hurl abuses, when the informant and his mother forbade them, they assaulted them with lathi-danda and stones on account of which the informant and his mother received severe injuries.

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Learned counsel for the applicant submitted that applicant has been falsely implicated in the present case. Facts as alleged in the impugned F.I.R. are false and fabricated. Virtually, the complainant himself was hurling abuses in drunken state, which ensued quarrel between the family members of the applicant as well as the complainant in which both sides have received injuries. The wife of co-accused, namely, Mithilesh lodged the NCR No.48/2018 under Section 323, 504 I.P.C. The applicant is in jail since 26.10.2018 and if he is granted liberty, he will not misuse the same.

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Learned A.G.A. has vehemently opposed the prayer for grant of bail.

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Considering the facts and circumstances of the case, without expressing any opinion on the merits of the case, I find it a fit case for bail.

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Let the applicant Jai Narayan involved in the aforesaid crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-

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The applicant shall not tamper with the prosecution evidence by intimidating/pressurizing the witnesses, during the investigation or trial.

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He shall cooperate in the trial bonafidely without seeking adjournments.

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He shall not indulge in any criminal activity or commission of any crime after being released on bail.

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In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.

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Order Date :- 17.4.2019 Ram Murti

Jai Narayan v. State of U.P.

Case brief

What is this about?

What did the court decide?

Jai Narayan v. State of U.P.

Case brief

What is this about?

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What the court decided

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