Allowed

Kamlesh v. State of U.P.

Allahabad HC22 Sept 2020BAIL/7687/2020

Case brief

AI extract

What is this about?

This is a second bail application moving for release of Kamlesh in a case under Sections 498-A and 304-B IPC. The court granted bail by applying the dictum of Dataram Singh, subject to standard conditions like personal bond and cooperation.

What did the court decide?

Release of Kamlesh on personal bond and two sureties subject to conditions including attendance at trial and non-tampering with witnesses.

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

¶1

Court No. - 75

¶2

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7687 of 2020

¶3

Applicant :- Kamlesh Opposite Party :- State of U.P. Counsel for Applicant :- Om Narayan Pandey Counsel for Opposite Party :- G.A.,Somendra Singh

¶4

Hon'ble Vivek Kumar Singh,J.

¶5

Heard Sri Om Narayan Pandey, learned counsel for the applicant, Sri Somendra Singh, learned counsel for the complainant and Sri Abhinav Prasad, learned A.G.A., appearing for the State and perused the material brought on record.

¶6

This is the second bail application moved on behalf of the applicant. The first bail application of the applicant was rejected vide order dated 20.8.2019 by Hon'ble Aniruddha Singh, J.

¶7

It has been contended by the learned counsel for the applicant that the applicant has been falsely implicated in the present case due to ulterior motive. It is next contended that the prosecution witnesses are not appearing before the trial Court and bailable warrants have been issued against them. The applicant is a Government Servant and at the time is incident he was not present. It is also submitted that there are major contradictions in the statement of P.W.-1 and P.W.-2. It has been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required. It has also been submitted that the applicant is languishing in jail since 23.10.2017. It has been pointed out that the applicant has no criminal history.

¶8

Learned counsel for the complainant as well as learned A.G.A. have vehemently opposed the prayer.

¶9

Having heard the submissions of learned counsel of both sides, nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, prima facie satisfaction of the Court in support of the charge, reformative theory of punishment, and larger mandate of the Article 21 of the Constitution of India, the dictum of Apex Court in the case of Dataram Singh v. State of U.P. and another, reported in (2018) 2 SCC 22 and without expressing any opinion on the merit of the case, I find it to be a case of bail.

¶10

Let applicant- Kamlesh , be released on bail in Case Crime No.925 of 2017, under Sections- 498-A, 304-B I.P.C. and Section 3/4 D.P. Act, Police Station- Mirjapur, District- Shahjahanpur, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:-

¶11

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

¶12

He will not tamper with the witnesses.

¶13

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

¶14

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

¶15

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.

¶16

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.

¶17

Order Date :- 22.9.2020 Dev/-

Kamlesh v. State of U.P.

Case brief

What is this about?

What did the court decide?

Kamlesh v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Parties & counsel

Coram

Case details

Similar cases

Mahendra Mishra Vs State of U.P.

Harnam Vs State of U.P. and 3 Others

Shyam Sundar Vs State of U.P.

Smt. Mahraj Vs State of U.P.

Harendra Vs State of U.P.

Hridai Ram Vs State of U.P.