Allowed

Harnam v. State of U.P.

Allahabad HC13 Feb 2019BAIL/5480/2019

Case brief

AI extract

What is this about?

This judgment allows a bail application filed by Harnam in a criminal case involving assault and death allegations. The court considered the sudden nature of the fight, the applicant's lack of criminal history, and the inability to decide the aggressor at this stage, finding him fit for bail despite opposition.

What did the court decide?

Bail allowed on furnishing personal bond and two sureties subject to standard court conditions including prohibition on tampering with evidence and appearing in trial court.

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

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Court No. - 50

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5480 of 2019

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Applicant :- Harnam Opposite Party :- State Of U.P. Counsel for Applicant :- Dinesh Kumar Kashyap,V.P. Singh Kashyap Counsel for Opposite Party :- G.A.,M.P.S. Chauhan

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Hon'ble Aniruddha Singh,J.

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Heard learned counsel for the applicant, learned counsel for the complainant as well as Sri C.P. Singh, learned A.G.A for the State and perused the record.

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According to prosecution case, F.I.R. was lodged on 30.8.2018 (after two days of incident) against four accused persons, namely Omprakash, Harnam Singh, Bhole and Sumeri alleging that on 28.8.2018 they assaulted Surajpal, he received two head injuries, resultantly died.

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It is submitted by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. There is cross case in case crime no. 525 of 2018. It was a case of sudden fight and incident has taken place in spur of moment, applicant's side ten persons have also received injuries. At this stage, it is not possible to decide who is the aggressor. There is general allegation against the applicant. Offences levelled against the applicant are not attracted in the present case. There is no independent witness and no legal evidence against the applicant. He is languishing in jail since 1.9.2018 (near about five and half months) having no criminal history and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.

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Learned counsel for the complainant opposed the prayer for bail.

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Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact as argued by learned counsel for the applicant and admitted that applicant has no criminal history.

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Considering the submission of learned counsel for the parties, facts of the case, nature of allegation and period of custody, gravity of offence, without expressing any opinion on the merits of the case, the Court is of the opinion that it is a fit case for bail. Hence, the bail application is hereby allowed.

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Let applicant Harnam involved in Case Crime No. 531 of 2018, under Sections 147, 323, 452, 504, 304 IPC, Police Station Gunnaur, District Sambhal be released on bail on

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furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions:

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The applicant will not tamper with the evidence during the trial.

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2.The applicant will not pressurize/ intimidate the prosecution witness.

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3.The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.

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4.The applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.

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5.The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.

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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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Order Date :- 13.2.2019

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A. Singh

Harnam v. State of U.P.

Case brief

What is this about?

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Harnam v. State of U.P.

Case brief

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