Allowed

Prabhash v. State of U.P.

Allahabad HC20 Aug 2020BAIL/22668/2020

Case brief

AI extract

What is this about?

The Court, in Criminal Misc. Bail Application No. 22668 of 2020, granted bail to the applicant Prabhash involved in an incident resulting in four injuries. The Court did not express an opinion on the merits but found the case fit for bail, releasing the applicant on personal bond with two sureties.

What did the court decide?

The applicant was released on bail on furnishing a personal bond with two sureties subject to specific conditions.

Prabhash Vs State of U.P. — Cheating and Forgery | Allahabad HC (2020)

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Court No. - 42

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 22668 of 2020

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Applicant :- Prabhash Opposite Party :- State of U.P. Counsel for Applicant :- Radhey Shyam Yadav Counsel for Opposite Party :- G.A.

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Hon'ble Bachchoo Lal,J.

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Heard learned counsel for the applicant through video conferencing, learned A.G.A. for the State and perused the record.

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Learned counsel for the applicant submits that the FIR of the alleged incident has been lodged against four persons including the applicant making general allegation of firing. In this incident four persons are said to have received gun shot injuries. As per injury report of Ramesh Chandra 2 abrasions and one punctured wound have been found to him and his injuries were opined as simple in nature. In X-ray report two radio opaque shadow of metallic density has been found to him. No internal damage has been found to him. Five injuries were found on the person of injured Rajneesh. Injury nos. 1, 3, 4 and 5 are abrasions and injury no. 2 is punctured wound. In X-ray report 3 radio opaque shadow of metallic density has been found to him. No internal damage has been found to him. Fracture of right third metacarpal has been found to injured Rajneesh. As per injury report of Anju one abrasion and 2 punctured wound have been found to her and her injuries were also opined as simple in nature. In X-ray report two radio opaque shadow of metallic density has been found to her but no bony injury has been found to her. Five punctured wound were found on the person of injured Manju. As per injury report her injuries were also simple in nature. In X-ray report 3 radio opaque shadow of metallic density F.B. pallet shaped seen but no bony injury has been found to her. It has further been submitted that injuries of injured persons are not fatal to their lives. It has further been submitted that applicant has not committed the alleged offence. False allegation has been made against him. Nothing incriminating has been recovered from the possession of applicant or on his pointing out. The applicant has no criminal history and is in jail since 10.7.2020.

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Per contra; learned A.G.A. has opposed the prayer for bail.

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Considering the facts and circumstances of the case and without expressing any opinion on the merits of the case, I find it a fit case for bail.

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Let the applicant Prabhash involved in Case Crime No. 201 of 2020, under section 307, 504 IPC, P.S. Nawabganj, District Farrukhabad be released on bail on his furnishing a personal bond with 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 evidence.

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He shall not pressurize/intimidate the prosecution witnesses and shall cooperate with the trial.

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He shall 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 Masarrat

Prabhash v. State of U.P.

Case brief

What is this about?

What did the court decide?

Prabhash v. State of U.P.

Case brief

What is this about?

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