Allowed

Anand Prakash v. State of U.P.

Allahabad HC6 Mar 2019BAIL/9403/2019

Case brief

AI extract

What is this about?

This bail application was allowed to Anand Prakash, accused of murder under Section 302 IPC. The court granted bail citing lengthy custody, no criminal history, and parity with a co-accused, subject to standard conditions without touching the merits.

What did the court decide?

Allowed release on bail by furnishing personal bond and two sureties subject to specific conditions including appearance before the trial court.

Anand Prakash Vs State of U.P. — Murder and Culpable Homicide | Allahabad HC (2019)

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Court No. - 50

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9403 of 2019

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Applicant :- Anand Prakash Opposite Party :- State Of U.P. Counsel for Applicant :- Shahroze Khan 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, the F.I.R. was lodged against four accused persons, namely Anand, Surendra, Kamla Prasad and Manoj alleging that on 21.8.2017 they assaulted Ramesh. He received seven injuries. Due to head injury he died.

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Learned counsel for the applicant submitted that coaccused Surendra @ Motu @ Sahadur has been enlarged on bail by co-ordinate Bench of this Court vide order dated 26.10.2018 in Criminal Misc. Bail Application No. 40131 of 2018 and the case of the applicant is identical to the case of co-accused who has been enlarged on bail, hence the applicant is also entitled to bail on the ground of parity; applicant is are languishing in jail since 2.9.2017 (more than one and half years); having no criminal history; the applicant are innocent and have been falsely implicated in the present case. There is no possibility to get this case decided in short period in future. There is no legal evidence against the applicant; there is no independent witness 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 the applicant Anand Prakash involved in Case Crime No. 1808 of 2017, under Section 302 IPC, Police StationKotwali Bansi, District-Siddharth Nagar 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 :- 6.3.2019

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A. Singh

Anand Prakash v. State of U.P.

Case brief

What is this about?

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Anand Prakash v. State of U.P.

Case brief

What is this about?

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