Allowed

Uma Shankar @ Happu v. State of U.P.

Allahabad HC18 Nov 2020BAIL/39842/2020

Case brief

AI extract

What is this about?

Court allowed bail to applicant Uma Shankar, involved inIPC offenses under Sections 323, 504, 506, 324, 308, conditioning release on personal bond and sureties with standard directions to cooperate in trial and not tamper with witnesses.

What did the court decide?

Released on bail by executing a personal bond and furnishing two sureties subject to conditions to attend trial and not tamper with witnesses.

Uma Shankar @ Happu Vs State of U.P. — Bail and Remand | Allahabad HC (2020)

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Court No. - 76

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 39842 of 2020

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Applicant :- Uma Shankar @ Happu Opposite Party :- State of U.P. Counsel for Applicant :- Babul Kumar Sharma Counsel for Opposite Party :- G.A.

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Hon'ble Ajit Singh,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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By means of this application, the applicant who is involved in Case Crime No. 235 of 2020, under Sections 323, 504, 506, 324 and 308 I.P.C., P.S. Mauranipur, district-Jhansi, is seeking enlargement on bail during the trial.

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Learned counsel for the applicant submits that the incident had taken place in the night at about 10:00 p.m. The only role which has been assigned to the applicant is that of catching hold of the injured and the role of causing injuries to the injured by axe has been attributed to co-accused, Lacchi Ahirwar and to that extent the applicant's role is clearly distinguishable. He further submits that Doctor has not opined that the injuries sustained by the injured are fatal to life. He lastly submits that the applicant has no criminal history and he is languishing in jail since 4.9.2020 and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.

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The prayer for bail has been vehemently opposed by learned A.G.A.

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Keeping in view the nature of the offence, evidence, complicity of the accused, severity of the punishment, submissions of learned counsel for the parties, considering the law laid down in the case of Data Ram Vs. State of U.P. and others, 2018(3) SCC 22 and without expressing any opinion on the merits of the case, this Court is of the view that the applicant is entitled to be enlarged on bail during the pendency of the trial.

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Let the applicant, Uma Shankar @ Happu involved in the aforesaid case be released on bail on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned subject to the following conditions:-

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The applicant will continue to attend and co-operate in the trial pending before the court concerned on the date fixed after release.

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He will not tamper with the witnesses.

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He will not indulge in any illegal activities during the bail period.

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It is further directed that the identity, status and residence proof of the sureties be verified by the authorities concerned before they are accepted.

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

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The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by learned counsel for the applicant along with a self attested identity proof of the said persons (preferably Aadhar Card) mentioning the mobile number (s) to which the said Aadhar Card is linked before the concerned Court/Authority/Official.

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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.

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Order Date :- 18.11.2020 Faridul

Uma Shankar @ Happu v. State of U.P.

Case brief

What is this about?

What did the court decide?

Uma Shankar @ Happu v. State of U.P.

Case brief

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What did the court decide?

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