Allowed

Brijesh Kumar v. State of Up

Allahabad HC20 Aug 2020BAIL/14523/2020

Case brief

AI extract

What is this about?

In a bail application before Court No. 42, the Hon'ble Court granted bail to the applicant Brijesh Kumar in a criminal case pending under various IPC sections. The court imposed conditions including not tampering with evidence and appearing in court.

What did the court decide?

Release on bail with personal bond and two sureties subject to standard conditions of not tampering with evidence or witnesses and appearing in court.

Brijesh Kumar Vs State of Up — Bail and Remand | Allahabad HC (2020)

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Court No. - 42

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14523 of 2020

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Applicant :- Brijesh Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Neeraj Kumar Pandey,Ajay Kumar Kushwaha,Pankaj Kumar Gupta Counsel for Opposite Party :- G.A.,Subhash Chandra Tiwari

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Hon'ble Bachchoo Lal,J.

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Heard learned counsel for the applicant, learned counsel for the complainant through video conferencing, learned AGA for the State and perused the record.

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Learned counsel for the applicant submits that the first information report of the alleged incident has been lodged against 8 named persons including the applicant and 10-20 unknown. In the first information report, specific allegation for causing injuries has been levelled against accused Akhilesh, Manish and Karan. General allegation has been shown against the applicant. The applicant has not committed the alleged offence. False allegation has been made against him. The injuries of injured is not fatal to his life. In the statement of injured Shiv Babu Pandey general allegation has been made against the applicant. Nothing incriminating has been recovered from the possession of the applicant or on his pointing out. The co-accused Virendra Kumar, Ram Krishna, Ramesh, Sanjay and Vijay Kumar have already been released on bail by another bench of this court vide orders dated 18.3.2020. 27.2.2020 and 18.3.2020 respectively, therefore applicant is also entitled for bail. There is no criminal history of the applicant and he is in jail since 15.11.2019.

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Per contra, learned AGA and learned counsel for the complainant opposed the prayer for bail and argued that the applicant is author of this offence. He has also misbehaved with the girls of the college. The applicant and other co-accused have committed marpit with the teacher, therefore, applicant is not entitled for bail.

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Having given my thoughtful consideration to the submissions of the learned counsel for the parties, without expressing any opinion on the merits of the case, I am of the opinion that it is a fit case for bail.

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Let the applicant Brijesh Kumar involved in Case Crime No.

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999 of 2019, under Sections 147, 148, 307, 354, 323, 506, 427, 392, 149,504, 455, 325 IPC and 7 Criminal Law ( amendment) Act Police Station Soraon District Prayagraj 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;

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The applicant will not tamper with the evidences.

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The applicant will not pressurize/intimidate the prosecution witnesses and he will cooperate with the trial.

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The applicant will appear on each and every date fixed by the trial court unless personal appearance is exempted by the court concerned.

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In case of breach of any conditions mentioned above, the trial court shall be at liberty to cancel the bail of the applicant.

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Order Date :- 20.8.2020 Gss

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Digitally signed by Justice Bachchoo Lal Date: 2020.08.20 15:28:37 IST Reason: Document Owner Location: High Court of Judicature at Allahabad

Brijesh Kumar v. State of Up

Case brief

What is this about?

What did the court decide?

Brijesh Kumar v. State of Up

Case brief

What is this about?

What did the court decide?

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