Allowed

Kapil v. State of U.P.

Allahabad HC16 Nov 2019BAIL/49215/2019

Case brief

AI extract

What is this about?

In a criminal bail application, the High Court allowed the applicant's prayer releasing him on personal bond and two sureties. Relief was granted without expressing an opinion on merits, noting resiling prosecution witness. Conditions imposed.

What did the court decide?

Applicant Kapil released on bail with personal bond and two sureties subject to conditions not to tamper with evidence or witnesses.

Kapil Vs State of U.P. — Bail and Remand | Allahabad HC (2019)

¶1

Court No. - 66

¶2

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 49215 of 2019

¶3

Applicant :- Kapil Opposite Party :- State of U.P. Counsel for Applicant :- Vinay Dubey Counsel for Opposite Party :- G.A.

¶4

Hon'ble Rajul Bhargava,J.

¶5

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

¶6

The present bail application has been filed by the applicant in Case Crime No. 44/2019, u/s 302, 201 IPC, P.S. Industrial Area, District Allahabad with the prayer for enlarging him on bail.

¶7

It is submitted by learned counsel for the applicant that the applicant is real brother of the first informant; infact there was some dispute between the parties regarding partition of joint ancestral properties due to which he has been falsely implicated in this case. During trial, first informant Neelam has been examined as PW-1 and she has completely resiled from the version narrated in the F.I.R. Learned counsel has argued that except the first informant there is no other eye witness or witness of circumstantial evidence against the applicant and except some recovery shown by the police on the joint pointing out of the applicant and coaccused there is nothing to connect the applicant with the present crime; the applicant is in jail since 26.2.2019.

¶8

Learned A.G.A. has opposed the prayer for bail. However he could not point out anything material to the contrary.

¶9

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.

¶10

Let the applicant Kapil 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:-

¶11

(i) The applicant will not tamper with the evidence during the trial.

¶12

(ii) The applicant will not pressurize/ intimidate the prosecution witness.

¶13

(iii)The applicant will appear before the trial court on the date fixed.

¶14

In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.

¶15

Order Date :- 16.11.2019

¶16

Dhirendra/

Kapil v. State of U.P.

Case brief

What is this about?

What did the court decide?

Kapil v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Nanhey Vs State of U.P.

Kavindra Vs State of U.P.

Afsana and 22 Others Vs District Magistrate District Bulandshahar and 2 Others

Hetram Gangwar Vs State of U.P.

Sanjay and 7 Others Vs State of U.P. and 5 Others

Kunwar Pandey Vs State of U.P.