Allowed¶10

Ajay and Another v. State of U.P.

Allahabad HC25 Nov 2020BAIL/14139/2018

Case brief

AI extract

What is this about?

Bail application allowed (order dt. 25.11.2020, Subhash Chand, J.) in Criminal Misc. Bail Application No. 14139 of 2018 for Ajay and Vikas, accused in Case Crime No. 205 of 2017 under Sections 302, 201 IPC, P.S. Binauli, District Baghpat; granted on parity with co-accused Vishal (bail by another Bench on 20.2.2018 in Criminal Misc. Bail Application No. 6056 of 2018, conceded by A.G.A.); release on personal bond and two sureties with conditions; trial court may cancel bail on default without reference to this Court.

What did the court decide?

Release of applicants Ajay and Vikas on bail in Case Crime No. 205 of 2017 on furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned, subject to the enumerated conditions. ¶10

Ajay and Another Vs State of U.P. — Murder and Culpable Homicide | Allahabad HC (2020)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the accused-applicants Ajay and Vikas, involved in Case Crime No. 205 of 2017 under Sections 302 and 201 IPC, P.S. Binauli, District Baghpat, should be released on bail.

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Court's answer

In view of the facts and circumstances of the case, the submissions of both sides and the record, and without commenting on the merits, the court found it a fit case for bail.

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Ratio / Principle

The applicants Ajay and Vikas were ordered to be released on bail in the aforesaid case crime number on furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned, subject to conditions that they shall not indulge in criminal activity, shall not tamper with prosecution evidence, shall not pressurize prosecution witnesses, and shall regularly appear on dates fixed by the trial court unless attendance is exempted.

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Key takeaways

On default of any of the bail conditions, liberty was given to the trial court to cancel the bail of the applicants without any reference to this Court.ratio¶15

Detailed headnote1 paragraphs

Bail allowed to Ajay and Vikas, accused-applicants in Case Crime No. 205 of 2017 under Sections 302 and 201 IPC, P.S. Binauli, District Baghpat. Parity was urged with co-accused Vishal, already granted bail by another Bench on 20.2.2018 in Criminal Misc. Bail Application No. 6056 of 2018, and the learned A.G.A. conceded the point of parity. Without commenting on the merits, the court found it a fit case for bail and ordered release on a personal bond with two reliable sureties of the like amount, subject to conditions (no criminal activity, no tampering with prosecution evidence, no pressurizing prosecution witnesses, regular appearance before the trial court); on default of any condition, the trial court was given liberty to cancel the bail without any reference to this Court.

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Court No. - 77

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14139 of 2018

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Applicant :- Ajay And Another Opposite Party :- State of U.P. Counsel for Applicant :- Arvind Kumar Counsel for Opposite Party :- G.A.

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Hon'ble Subhash Chand,J.

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Heard learned counsel for applicant(s), learned A.G.A. and perused the record.

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This bail application has been preferred by the accusedapplicant(s), Ajay and Vikas who are involved in Case Crime No. 205 of 2017, under Sections 302, 201 I.P.C. P.S.- Binauli, District- Baghpat.

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Learned counsel for the applicant in support of his prayer for bail submits that the applicant is innocent and he has been falsely implicated in the present case. It is further submitted that co-accused Vishal having similar role to that of applicant has already been granted bail by this Court vide order dated 20.2.2018 by another Bench of this Court in Criminal Misc. Bail Application No. 6056 of 2018, therefore, the applicant is also entitled to be released on bail on the ground of parity. The applicant has no previous criminal history, he is not likely to abscond.

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On behalf of State bail has been opposed but learned A.G.A. conceded on the point of parity.

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In view of the facts and circumstances of the case and the submissions made by learned counsel for both sides and going through the record, without commenting on the merits of the case, I find it a fit case for bail.

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Let applicant(s), Ajay and Vikas, be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned with the following conditions:

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(i) The applicant(s) shall not indulge in any criminal activity.

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(ii) The applicant(s) shall not tamper with the prosecution evidence.

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(iii) The applicant(s) shall not pressurize the prosecution witnesses.

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(iv) The applicant(s) shall regularly appear on the dates fixed by the trial court unless his personal attendance is exempted by the trial court.

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In case of default of any of the conditions enumerated above, liberty is given to the trial court to cancel the bail of the applicant(s) without any reference to this Court.

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Order Date :- 25.11.2020 Ravi Prakash

Ajay and Another v. State of U.P.

Case brief

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Ajay and Another v. State of U.P.

Case brief

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What the court decided

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