Allowed

Ram Kumar and Another v. State of U.P.

Allahabad HC14 Nov 2019BAIL/47803/2019

Case brief

AI extract

What is this about?

In Criminal Misc. Bail Application No. 47803 of 2019, the High Court granted bail to applicants Ram Kumar and Shivam charged with Sections 147, 148, 149, and 307 IPC. The bail was conditional upon furnishing a personal bond and two sureties each, subject to conditions against tampering with witnesses, commission of further crimes, and ensuring trial cooperation.

What did the court decide?

Applicants released on bail upon furnishing personal bond and two sureties each, subject to specified conditions.

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

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Court No. - 78

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 47803 of 2019

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Applicant :- Ram Kumar And Another Opposite Party :- State of U.P. Counsel for Applicant :- Rahul Mehrotra Counsel for Opposite Party :- G.A.

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Hon'ble Mrs. Manju Rani Chauhan,J.

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Counter affidavit has been filed in Court today, is taken on record.

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Heard Sri Rahul Mehrotra, learned counsel for the applicants, Sri Prashant Kumar, learned A.G.A. for the State and perused the material on record.

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The instant bail application has been filed on behalf of the applicants, Ram Kumar and Shivam with a prayer to release them on bail in Case Crime No. 976 of 2019, under Sections 147, 148, 149, 307 I.P.C., Police Station- Kotwali Nagar, District- Etah , during pendency of trial.

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It is argued by the learned counsel for the applicants that as per the allegations made in the F.I.R., on 03.09.2019, at about 01:40 hours, when the informant was going from his residence to D.S.O. office, on message received by one Satyadev Gupta, as soon as he reached near the residence of District Panchayat Officer, 4-5 accused persons who were already present there in white Scorpio car and two persons on Apache motorcycle bearing no. UP 82 AC-3729, all the accused persons in the Scorpio car as well as on motorcycle tried to hit the victim due to which he has sustained injuries. It has been submitted by the learned counsel for the applicant that general role of causing injury has been assigned to the applicants in the F.I.R. as well as in the statement of the injured. Injuries sustained by the injured are simple in nature. The applicants are languishing in jail since 03.09.2019. The applicants have no criminal history except in the present case. In case, they are released on bail, they will not misuse the liberty of bail and will cooperate in the trial by all means. Lastly, it is submitted that there is no chance of applicants fleeing away from judicial process or tampering with the witnesses.

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Per contra learned A.G.A. has opposed the bail prayer of the applicants by contending that the innocence of the applicants cannot be adjudged at pre trial stage, therefore, they do not deserve any indulgence. In case the applicants are released on bail they will again indulge in similar activities and will misuse

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the liberty of bail.

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Considering the material/evidence brought on record, the submissions made by the learned counsel for the parties as well as the dictum of Apex Court in the case of Dataram Singh Vs. State of U.P. and another, reported in (2018) 3 SCC 22 , let the applicants involved in the aforesaid case crime be released on bail on their furnishing a personal bond and two sureties each of the like amount to the satisfaction of the court concerned, subject to the following conditions that :-

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

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The applicants will cooperate in the trial sincerely without seeking any adjournment.

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The applicants will 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.

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Identity, status and residence proof of the applicants and sureties be verified by the court concerned before the bonds are accepted.

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Order Date :- 14.11.2019 Priya

Ram Kumar and Another v. State of U.P.

Case brief

What is this about?

What did the court decide?

Ram Kumar and Another v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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