Allowed

Kapil Dev v. State of U.P.

Allahabad HC1 Sept 2020BAIL/22897/2020

Case brief

AI extract

What is this about?

Bench of Bachchoo Lal, J. allowed bail to Kapil Dev in a criminal trial for offences under Sections 326, 323, 504, and 506 IPC. The court held it a fit case for bail without expressing an opinion on merits, subject to standard conditions.

What did the court decide?

Released on bail with a personal bond and two sureties; conditions to not tamper with evidence, intimidate witnesses, and appear for trial.

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

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Court No. - 47

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 22897 of 2020

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Applicant :- Kapil Dev Opposite Party :- State of U.P. Counsel for Applicant :- Satendra Singh,Vipin Chandra Pandey Counsel for Opposite Party :- G.A.

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Hon'ble Bachchoo Lal,J.

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Sri Arvind Agrawal, learned counsel states that he has filed Vakalatnama on behalf of complainant in registry but the same is not on record.

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Heard learned counsel for the applicant, learned counsel for the complainant as well as 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 3 persons including the applicant making general allegation for committing marpit with the injured persons. No specific role has been assigned to the applicant. The injuries of injured Pawan are simple in nature. As per injury report of injured Bhuvnendra Sharma 9 injuries were found on his person. Injury no. 3 is opined to be grievous in nature and rest injuries were simple in nature. As per injury report injury no. 3 is lacerated wound 1.5 x .5 cm through and through on lower part of right ear pinna bearing new surface area with loss of part of pinna but it is not specific that who is the author of injury no. 3. There is general allegation against the applicant. Except injury no. 3 of injured Bhuvnendra Sharma the other injuries of injured persons are simple in nature. Nothing incriminating has been recovered from the possession of the applicant or on his pointing out. The applicant has not committed the alleged offence. The applicant has no criminal history and is in jail since 19.4.2020.

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Per contra; learned counsel for the complainant and learned A.G.A. have opposed the prayer for bail. Learned counsel for the complainant argued that in this incident part of right ear pinna has been lost of injured Bhuvnendra Sharma. The injuries have also been found on the person of both injured. The applicant and other co-accused have committed the alleged offence, therefore, the applicant is not entitled 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 Kapil Dev involved in Case Crime No. 38 of 2020, under section 326, 323, 504, 506 IPC, P.S. Khairgarh, District Firozabad 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 :- 1.9.2020 Masarrat

Kapil Dev v. State of U.P.

Case brief

What is this about?

What did the court decide?

Kapil Dev v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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