Allowed

Anil Kumar Viswakarma v. State of U.P.

Allahabad HC2 Nov 2020BAIL/30394/2020

Case brief

AI extract

What is this about?

In Criminal Misc. Bail Application No. 30394 of 2020, the Allahabad High Court allowed bail to the applicant charged with murder and causing death by disappearance of body. The court held the applicant made out a case for bail in light of medical evidence and para 10, while imposing conditions.

What did the court decide?

Release on bail subject to furnishing personal bond and two local sureties; compliance with conditions to appear in trial and not tamper with evidence.

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

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Court No. - 90

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 30394 of 2020

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Applicant :- Anil Kumar Viswakarma Opposite Party :- State of U.P. Counsel for Applicant :- Anand Kumar Singh Counsel for Opposite Party :- G.A.

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Hon'ble Deepak Verma,J.

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Heard learned counsel for the applicant; learned A.G.A. for the State and perused the material on record.

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The instant bail application has been filed by the applicant with a prayer to enlarge him on bail in Case Crime No.305 of 2019, under Sections 302, 201 I.P.C., P.S. Lohta, District Varanasi, during pendency of the trial.

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Learned counsel for the applicant submits that the applicant has been falsely implicated in the present case; there is delay in lodging the F.I.R. for which no reason has been explained. It is further submitted that co-accused Arvind Kumar Patel has been enlarged on bail by co-ordinate Bench of this Court vide order dated 10.7.2020 passed in Crl. Misc. Bail Application No.17154 of 2020, hence the applicant is also entitled to bail on the ground of parity. Learned counsel for the applicant has drawn the attention towards the autopsy report of the deceased wherein cause of death has been stated to be myocardial infarction; it cannot be caused anyone and is occurs internally. Moreover, there is no prospect of trial of the present case being concluded in near future due to heavy dockets. The applicant is not a previous convict. It is next submitted that there is no possibility of fleeing away of the applicant from the judicial custody or tampering with the witnesses and, in case, the applicant is enlarged on bail, the applicant shall not misuse the liberty of bail. It is also contended that the applicant is languishing in jail since 10.11.2019.

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Per contra, learned A.G.A. opposed the bail prayer of the applicant.

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Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and keeping in

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view the nature of offence, evidence, complicity of accused and without expressing any opinion on the merits of the case and the mandate laid down by the Apex Court in the case of Dataram Singh Vs. State of U.P. and another reported in (2018) 3 SCC 22, 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-Anil Kumar Viswakarma, be released on bail on his furnishing a personal bond and two local sureties each of the like amount to the satisfaction of the court concerned, subject to the 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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The applicant shall remain present, in person, before the trial court on the dates fixed. If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law.

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

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Order Date :- 2.11.2020

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Meenu

Anil Kumar Viswakarma v. State of U.P.

Case brief

What is this about?

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Anil Kumar Viswakarma v. State of U.P.

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