Allowed

Deepak v. State of U.P.

Allahabad HC14 Feb 2019BAIL/6446/2019

Case brief

AI extract

What is this about?

In a bail application regarding allegations of instigating suicide under Section 306 IPC, the Single Judge allowed bail, finding it a fit case despite the gravity, noting the applicant's lack of prior criminal record and absence of independent witnesses. Standard bail conditions were imposed.

What did the court decide?

Allowance of bail by furnishing a personal bond and two sureties in like amount subject to standard conditions.

Deepak 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. - 6446 of 2019

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Applicant :- Deepak Opposite Party :- State Of U.P. Counsel for Applicant :- Vijay Bahadur Counsel for Opposite Party :- G.A.

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Hon'ble Aniruddha Singh,J.

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

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According to prosecution case, F.I.R. was lodged against four accused persons, namely Atul, Ravi Kumar, Deepak, Briksha @ Shalu and one unknown person alleging that Ashwani Kumar went with above accused persons, later on dead body of Ashwani Kuamr was found. During investigation, it was found that accused Atul made unnatural sex with Ashwani Kumar. He pressurized him for unnatural sex again, Ashwani Kumar denied, they threatened him due to which he committed suicide.

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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. Main role was assigned to co-accused Atul. There is no independent witness and no legal evidence against the applicant. F.I.R. was lodged only on the basis of suspicion. There is general allegation against the applicant. Offences levelled against the applicant are not attracted in the present case. He is languishing in jail since 18.5.2018 (near about nine 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 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 Deepak involved in Case Crime No. 203 of 2018 as well as Criminal Case No. 90234 of 2018, under Section 306 IPC, Police Station Gandhipark, District Aligarh be released on bail on 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 :- 14.2.2019

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A. Singh

Deepak v. State of U.P.

Case brief

What is this about?

What did the court decide?

Deepak v. State of U.P.

Case brief

What is this about?

What did the court decide?

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