Allowed

Deepak @ Deepa v. State of U.P.

Allahabad HC7 Jan 2019BAIL/49886/2017

Case brief

AI extract

What is this about?

A single judge of the Chief Justice's Court granted bail to an applicant implicated in an attempt to murder case under Section 307 IPC, noting he was no longer needed for investigation and trial would take time. The court imposed specific conditions to ensure his presence and prevent abuse of process.

What did the court decide?

The applicant shall be released on bail upon furnishing a personal bond and two sureties, subject to conditions regarding attendance and conduct at trial.

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

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Chief Justice's Court

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 49886 of 2017

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Applicant :- Deepak @ Deepa Opposite Party :- State Of U.P. Counsel for Applicant :- Sushil Kumar Pandey Counsel for Opposite Party :- G.A.

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Hon'ble Govind Mathur,Chief Justice

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Heard learned counsel for the applicant and learned Additional Government Advocate for the Staterespondents.

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While pressing this application, learned counsel appearing on behalf of the applicant states that the applicant is facing trial for the offence under Section 307 IPC. He further states that the applicant is behind the bars for quite a substantial period and a chargesheet too has been filed in the matter.

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Learned Additional Government Advocate has vehemently opposed the prayer for bail by referring the gravity of offence.

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Considering the rival submissions and looking to the fact that the applicant is no more required for the investigation purposes and further the trial will take time in its completion, I am inclined to grant this application for bail. Accordingly, the same is allowed.

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Let the applicant- Deepak @ Deepa , S/o Santerpal, involved in Case Crime No. 554 of 2017, under Sections 307 IPC, P.S. Meerapur, District- Muzaffar Nagar 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 which are being imposed in the interest of justice:-

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(i) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law.

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(ii) The applicant shall remain present before the trial court on each date fixed, either personally or through

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his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code.

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(iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 174-A of the Indian Penal Code.

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(iv) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law.

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Order Date :- 7.1.2019 Rameez

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(Govind Mathur, C.J.)

Deepak @ Deepa v. State of U.P.

Case brief

What is this about?

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Deepak @ Deepa v. State of U.P.

Case brief

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