Allowed

Hetram Gangwar v. State of U.P.

Allahabad HC16 Nov 2019BAIL/47110/2019

Case brief

AI extract

What is this about?

In a criminal bail application under Section 302 IPC, this court granted bail to the applicant on the submission that a co-accused was solely responsible for the fatal gunshot wound, despite the applicant's presence at the scene. The applicant was required to furnish a personal bond and sureties on standard conditions.

What did the court decide?

The applicant Hetram Gangwar is released on bail on furnishing a personal bond and two sureties each in the like amount.

Hetram Gangwar 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. - 47110 of 2019

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Applicant :- Hetram Gangwar Opposite Party :- State of U.P. Counsel for Applicant :- Mohit Singh Counsel for Opposite Party :- G.A.,Budhi Sagar Tripathi

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Hon'ble Rajul Bhargava,J.

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Heard Sri Mohit Singh, learned counsel for the applicant, Sri Budhi Sagar Tripathi, 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. 213 of 2019, u/s 302, 452, 323, 506 IPC, P.S. Katra, District Shahjahanpur with the prayer for enlarging him on bail.

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It is submitted by learned counsel for the applicant that in the F.I.R. general role of assault by firing has been attributed to the applicant and three others; from the nature of injuries noted in the post mortem report it appears that it is a case of solitary gunshot injury. During investigation, first informant and other witnesses have specifically assigned role of causing firearm injury on the deceased by co-accused Prabhat Gangwar and only his presence is shown on the place of incident that he was grappling with the deceased; 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 that the role of causing firearm injury has been attributed to co-accused Prabhat.

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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 Hetram Gangwar 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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The case of the applicant is distinguishable from that of co-accused Prabhat Gangwar.

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Order Date :- 16.11.2019

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Dhirendra/

Hetram Gangwar v. State of U.P.

Case brief

What is this about?

What did the court decide?

Hetram Gangwar v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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