Allowed

Pradeep Kumar @ Deepu v. State of U.P.

Allahabad HC17 Dec 2020BAIL/45736/2020

Case brief

AI extract

What is this about?

This single-bench criminal miscellaneous bail application allowed the release of the applicant on bail. The court acknowledged the applicant's false implication claims and lack of prior criminal history. The applicant was released on a personal bond and two sureties, subject to strict conditions regarding court appearance and conduct during the trial.

What did the court decide?

Net Release on Bail with personal bond and two sureties subject to specific conditions of appearance and conduct.

Pradeep Kumar @ Deepu Vs State of U.P. — Bail and Remand | Allahabad HC (2020)

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Court No. - 83

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 45736 of 2020

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Applicant :- Pradeep Kumar @ Deepu Opposite Party :- State of U.P. Counsel for Applicant :- Avanish Kumar Shukla,Mithilesh Kumar Shukla Counsel for Opposite Party :- G.A.

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Hon'ble Ajay Bhanot,J.

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Heard Sri Mithilesh Kumar Shukla, learned counsel holding brief of Shri Avanish Kumar Shukla, learned counsel for the applicant and learned AGA for the State.

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A first information report was lodged as Case Crime No. 575 of 2019 at Police Station- Sikohabad District- Firozabad on 29.07.2019 under Sections 147, 148, 149, 323, 307, 504, 506 IPC.

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The bail application of the applicant was rejected by learned Additional Sessions Judge, Court No. 4, Firozabad on 13.10.2020.

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The applicant is in jail since 21.09.2020 pursuant to the said F.I.R.

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Sri Mithilesh Kumar Shukla, learned counsel holding brief of Shri Avanish Kumar Shukla, learned counsel for the applicant contends that the applicant was falsely implicated in the present case. No specific role of use of fire arms has been attributed to the applicant in the assault. The applicant claims parity with the case of other co-accused persons namely Pawan Kumar and Gaurav Yadav, who had allegedly used fire arms in the incident, have been granted bail by this Court on 20.02.2020 and 23.06.2020 respectively in their respective applications registered as Criminal Misc. Bail Application No. 719616191/2020.

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The applicant does not have any criminal history apart from this case.

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Learned A.G.A. has opposed the bail application.

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In the light of the preceding discussion and without making any

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observations on the merits of the case, the bail application is allowed.

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Let the applicant- Pradeep Kumar @ Deepu be released on bail in Case Crime No. 575 of 2019 at Police StationSikohabad District- Firzabad, under Sections 147, 148, 149, 323, 307, 504, 506 IPC., registered on 29.07.2019 at Police Station- Sikohabad District-Firozabad on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court below. The following conditions be imposed in the interest of justice:-

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(i) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law.

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(ii) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code.

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(iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 174-A of the Indian Penal Code.

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(iv) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. 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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(v) The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.

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(vi) The computer generated copy of such order shall be self attested by the counsel of the party concerned.

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(vii) The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the

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official website of High Court Allahabad and shall make a declaration of such verification in writing.

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Order Date :- 17.12.2020 Dhananjai

Pradeep Kumar @ Deepu v. State of U.P.

Case brief

What is this about?

What did the court decide?

Pradeep Kumar @ Deepu v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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