Allowed

Raj Kumar v. State of U.P.

Allahabad HC18 Jun 2020BAIL/14444/2020

Case brief

AI extract

What is this about?

Hon'ble Siddharth, J. allowed the bail application of Raj Kumar, accused of offences under IPC Sections 323, 504, 506, 304. Bail granted on furnishing bond and sureties, subject to specific conditions including verification of the order, explaining reliance on apex court dictum regarding larger mandate of Article 21 without prejudging merits.

What did the court decide?

Released on bail by furnishing a personal bond and two sureties subject to specific conditions regarding verification of the order.

Raj Kumar Vs State of U.P. — Bail and Remand | Allahabad HC (2020)

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Court No. - 70

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14444 of 2020

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Applicant :- Raj Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Shailendra Kumar Yadav Counsel for Opposite Party :- G.A.

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Hon'ble Siddharth,J.

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Supplementary affidavit filed today is taken on record.

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Heard learned counsel for the applicant and learned AGA for the State.

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The instant bail application has been filed on behalf of the applicant, Raj Kumar, with a prayer to release him on bail in Case Crime No. 392 of 2019, under Sections 323, 504, 506, 304 IPC, Police Station Badlapur, DistrictJaunpur, during pendency of trial.

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It is submitted that dispute took place between children, and elders intervened. They entered into quarrel and they assaulted by lathi and danda , wherein One Tirshu Nishad died and three persons got injured. Learned counsel for the applicant has submitted that there was no intention to cause death of anyone. The dispute took place between the parties on account of sudden provocation. The applicant has been falsely implicated in this case. He has no criminal history to his credit and is in jail since 08.01.2020.

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Learned AGA has opposed the prayer for bail of the applicant.

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Having considered the material on record, larger mandate of the Article 21 of the Constitution of India and the dictum of Apex Court in the case of Dataram Singh Vs. State of U.P. and another, reported in (2018) 3 SCC 22 and without expressing any opinion on the merits of the case, let the applicant involved in the aforesaid crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions that :-

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The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses,

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during the investigation or trial.

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The applicant shall cooperate in the trial sincerely without seeking any adjournment.

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The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.

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In case the applicant has been enlarged on short term bail as per the order of committee constituted under the orders of Hon'ble Supreme Court his bail shall be effective after the period of short term bail comes to an end.

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The applicant shall be enlarged on bail on execution of personal bond without sureties till normal functioning of the courts is restored. The accused will furnish sureties to the satisfaction of the court below within a month after normal functioning of the courts are restored.

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The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.

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The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.

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In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.

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Order Date :- 18.6.2020 Ruchi Agrahari

Raj Kumar v. State of U.P.

Case brief

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Raj Kumar v. State of U.P.

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