Allowed

Deepak Kumar Gaur v. State of U.P.

Allahabad HC2 Dec 2020BAIL/29536/2020

Case brief

AI extract

What is this about?

The High Court of Allahabad allowed a bail application filed by Deepak Kumar Gaur under Section 305 IPC. The court referred to Article 21 and Apex Court jurisprudence, noting the absence of directed evidence against the applicant, and granted bail subject to conditions.

What did the court decide?

Applicant released on bail providing personal bond and two sureties subject to conditions against tampering and further criminal activity.

Deepak Kumar Gaur Vs State of U.P. — Murder and Culpable Homicide | Allahabad HC (2020)

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Court No. - 78

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 29536 of 2020

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Applicant :- Deepak Kumar Gaur Opposite Party :- State of U.P. Counsel for Applicant :- Om Prakash Singh,Ram Chandra Solanki

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Counsel for Opposite Party :- G.A.

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Hon'ble Rajiv Joshi,J.

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Rejoinder affidavit filed today is taken on record.

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Heard Sri Ram Chandra Solanki, learned counsel for the applicant, learned A.G.A for the State and perused the record..

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The instant bail application has been filed on behalf of the applicant with a prayer to release him on bail in Case Crime No. 51 of 2020, under Sections- 305 IPC, Police StationBelipar, District- Gorakhpur, during pendency of trial.

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It is submitted by learned counsel for applicant that applicant is innocent and falsely implicated in this very case crime number. It is further contended that the applicant was implicated in the case on the basis of suspicion and there is no directed evidence against applicant for abatement of suicide of minor. It is further further contended that in absence of any evidence, the applicant is entitled for bail. The applicant is in jail since 20.4.2020 and has no criminal history and if he is released on bail, there is no chance of his absconding or misusing the liberty of bail or tampering with the prosecution witnesses.

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Learned A.G.A. has opposed the bail prayer of the applicant but could not dispute the aforesaid fact.

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Keeping in view the nature of the offence, argument advanced on behalf of the parties, spreading of novel corona virus in jails, evidence on record regarding complicity of the accused, 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, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.

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Let the applicant- Deepak Kumar Gaur who is involved in the aforesaid case crime number be released on bail on his

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furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified.

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The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, 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 of breach of any of the above conditions, it shall be a ground for cancellation of bail.

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It is clarified that the observations, if any, made in this order are strictly confined to the disposal of this bail application and must not be construed to have any reflection on the ultimate merits of the case.

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The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad. The concerned Court shall verify the authenticity of such computerized copy of the order from the official website of High Court, Allahabad.

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Order Date :- 2.12.2020 Akbar

Deepak Kumar Gaur v. State of U.P.

Case brief

What is this about?

What did the court decide?

Deepak Kumar Gaur v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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