Allowed

Ujjawal v. State of U.P.

Allahabad HC15 Nov 2019BAIL/47095/2019

Case brief

AI extract

What is this about?

The court released the applicant from jail on bail regarding charges of murder and culpable homicide. The judge distinguished the applicant's case from that of a main assailant co-accused without determining guilt or innocence.

What did the court decide?

The applicant is released on bail on personal bond and two sureties with conditions against tampering with evidence and intimidating witnesses.

Ujjawal Vs State of U.P. — Murder and Culpable Homicide | Allahabad HC (2019)

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Court No. - 66

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 47095 of 2019

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Applicant :- Ujjawal Opposite Party :- State of U.P. Counsel for Applicant :- Sharda Prasad Mishra Counsel for Opposite Party :- G.A.,P.S. Pundir

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Hon'ble Rajul Bhargava,J.

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Supplementary affidavit filed today is taken on record.

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Heard Sri Lav Kumar Tomar and Sri Sharda Prasad Mishra, learned counsel for the applicant, Sri P.S. Pundir, counsel for the informant, learned A.G.A. and perused the record.

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The present bail application has been filed by the applicant in Case Crime No. 417 of 2019, u/s 302, 120-B, 323, 279, 34 IPC, P.S. Inchauli, District Meerut with the prayer for enlarging him on bail.

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It is submitted by learned counsel for the applicant that the applicant is wholly innocent and has been falsely implicated in this case. According to prosecution, specific role of firing on the deceased has been attributed to co-accused Pankaj on the chest of the deceased, which finds corroboration from the post mortem report, there are solitary gunshot injury; general role of Marpeet with the deceased and one other has been stated so far the applicant is concerned. The applicant has no criminal history.

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Learned counsel for the informant has opposed the prayer for bail. However he could not dispute the submission made by counsel for the applicant.

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In view of the facts and circumstances of the case and submissions made by learned counsel for the applicant and without expressing any opinion on the merits of the case the applicant is entitled to be released on bail.

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Let the applicant Ujjawal involved in the aforesaid case crime number 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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(i) The applicant will not tamper with the evidence during the 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 the trial court on the date fixed.

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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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In my opinion case of the co-accused Pankaj who is main assailant is distinguishable from the applicant.

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Order Date :- 15.11.2019 Dhirendra/

Ujjawal v. State of U.P.

Case brief

What is this about?

What did the court decide?

Ujjawal v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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