Allowed

Omi Shankar v. State of U.P.

Allahabad HC24 Nov 2020BAIL/40864/2020

Case brief

AI extract

What is this about?

Single-judge order granting bail to Omi Shankar accused of culpable homicide not amounting to murder under Section 308 IPC. Court accepted parity argument after co-accused was granted bail, making fit case for bail with standard conditions.

What did the court decide?

Applicant released on bond and two sureties with conditions not to indulge in criminal activity, tamper evidence, pressure witnesses, and to appear regularly in trial court.

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

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Court No. - 45

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 40864 of 2020

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Applicant :- Omi Shankar Opposite Party :- State of U.P. Counsel for Applicant :- Bhishm Pal Singh Counsel for Opposite Party :- G.A.

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Hon'ble Subhash Chand,J.

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Heard learned counsel for applicant(s), learned A.G.A. and perused the record.

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This bail application has been preferred by the accusedapplicant(s), Omi Shankar, who is involved in Case Crime No. 247 of 2020, under Sections 306 I.P.C. P.S.- Tundla, DistrictFirozabad.

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Learned counsel for the applicant in support of his prayer for bail submits that the applicant is innocent and he has been falsely implicated in the present case. It is further submitted that co-accused Urmila Devi having similar role to that of applicant has already been granted bail by this Court vide order dated 2.11.2020 by another Bench of this Court in Criminal Misc. Bail Application No. 33601 of 2020, therefore, the applicant is also entitled to be released on bail on the ground of parity. The applicant has no previous criminal history, he is not likely to abscond.

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On behalf of State bail has been opposed but learned A.G.A. conceded on the point of parity.

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In view of the facts and circumstances of the case and the submissions made by learned counsel for both sides and going through the record, without commenting on the merits of the case, I find it a fit case for bail.

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Let applicant(s), Omi Shankar, be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned with the following conditions:

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(i) The applicant(s) shall not indulge in any criminal activity.

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(ii) The applicant(s) shall not tamper with the prosecution evidence.

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(iii) The applicant(s) shall not pressurize the prosecution witnesses.

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(iv) The applicant(s) shall regularly appear on the dates fixed by the trial court unless his personal attendance is exempted by the trial court.

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In case of default of any of the conditions enumerated above, liberty is given to the trial court to cancel the bail of the applicant(s) without any reference to this Court.

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Order Date :- 24.11.2020 Ravi Prakash

Omi Shankar v. State of U.P.

Case brief

What is this about?

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Omi Shankar v. State of U.P.

Case brief

What is this about?

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