Allowed

Piyush @ Aman Maurya v. State of U.P.

Allahabad HC24 Apr 2019BAIL/8075/2019

Case brief

AI extract

What is this about?

Court granted bail in a criminal bail application filing against the applicant for specific IPC sections arising from marital disputes, noting the applicant has no prior history and prima facie case for bail exists without prejudicing prosecution.

What did the court decide?

Applicant Piyush @ Aman Maurya to be released on bail executing a personal bond and furnishing two sureties under specified conditions.

Piyush @ Aman Maurya Vs State of U.P. — Bail and Remand | Allahabad HC (2019)

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Court No. - 51

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8075 of 2019 Applicant :- Piyush @ Aman Maurya Opposite Party :- State Of U.P. Counsel for Applicant :- Shiv Ram Misra,Nazrul Islam Jafri Counsel for Opposite Party :- G.A.

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Hon'ble Vipin Sinha,J.

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This bail application moved on behalf of applicant praying to enlarge the applicant on bail in Case Crime No.0358 of 2018, under Sections 366, 376, 313, 506, IPC, Police Station Sipri Bazar, District Jhansi.

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Heard Sri Nazrul Islam Jafri, learned counsel appearing on behalf of the applicant and learned Sri Yogeshwar Rai, learned A. G. A. appearing for the State.

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It has been contended by the counsel for the applicant that the first informant was in a consensual relationship with the applicant; that the first informant is an adult and has solemnized marriage with the applicant on 25.05.2018 and thereafter, also approached this Court by means of filing Writ Petition No. 20299 of 2018(Smt Arti Ahirwar and another Vs. State of U.P. and 4 others) for seeking her protection, which was disposed of by another Bench of this Court, vide order dated 30.05.2018, copy of which is annexed as annexure no.8 of the affidavit filed in support of the bail application; that much reliance has been placed on the document annexed as annexure no.9 to the affidavit file in support of the bail application; that reliance has also been placed on the photographs which have been annexed as annexure no.10 to the affidavit filed in support of the bail application; that subsequently some dispute arose between the husband and wife, as a result of which the present FIR has been lodged by the wife against the husband; that the applicant is languishing in jail since 14.12.2018 with no previous criminal history.

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Learned AGA appearing for the State opposed the prayer for bail, but could not dispute the aforesaid facts as argued by the learned counsel for the applicant.

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In view of the aforesaid facts and circumstances and the fact that the applicant is languishing in jail since 14.12.2018 with no previous criminal history, without expressing any opinion on the merits of the case, at this stage, prima facie, a case for bail has been made out. However, the said prima facie view of this Court will not in any manner adversely affect the case of the prosecution.

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The prayer for bail is granted. The application is allowed.

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Let the applicant Piyush @ Aman Maurya involved in the aforesaid case crime number be released on bail on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:

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i) The applicant shall not tamper with the prosecution evidence.

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ii) The applicant shall not threaten or harass the prosecution witnesses.

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iii) The applicant shall appear on the date fixed by the trial court.

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

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

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In case of default of any of the conditions enumerated above, the learned counsel for the complainant is free to move an application for cancellation of bail before this Court.

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Order Date :- 24.4.2019/VKG

Piyush @ Aman Maurya v. State of U.P.

Case brief

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Piyush @ Aman Maurya v. State of U.P.

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