Allowed

Hunney v. State of U.P.

Allahabad HC17 Jun 2021BAIL/12832/2021

Case brief

AI extract

What is this about?

A Single Judge of Allahabad High Court granted bail to accused applicant Hunney in a criminal case involving sections 336, 352, 304, and 34 IPC. The court accepted arguments regarding lack of independent witness and undisclosed naming in FIR, while addressing pandemic limitations on surety requirements.

What did the court decide?

Released on bail upon furnishing personal bond and two sureties in like amount, with conditions regarding tampering with evidence and conditional release without sureties if courts are under lockdown.

Hunney Vs State of U.P. — Murder and Culpable Homicide | Allahabad HC (2021)

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Court No. - 65

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12832 of 2021

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Applicant :- Hunney Opposite Party :- State of U.P. Counsel for Applicant :- Syed Shahnawaz Shah Counsel for Opposite Party :- G.A.

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Hon'ble Umesh Kumar,J.

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

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This bail application has been preferred by the accusedapplicant- Hunney , who is involved in Case Crime No. 913 of 2020, under Sections 336, 352, 304, 34 I.P.C., Police StationKanker Khera, District- Meerut.

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Learned counsel for the applicant submits that applicant is innocent and falsely been implicated in this case; that initially the F.I.R. was lodged under Section 336, 352 and 307 IPC but after after death of Vaibhav Yadav @ Prince, Section 304 was added however the applicant was not named in the F.I.R. and during investigation name of the applicant surfaced; that there is no independent witness of the alleged incident; that as per the post-mortem report, cause of death was ante-mortem injuries and as per the opinion of the doctor who conduced the postmortem, opined that victim died due to road accident even in the death certificate issued from the hospital cause of death is mentioned as 'road traffic accident'. Further submission is that named co-accused Aman Oberoi has been granted bail bail by co-ordinate Bench of this Court vide order dated 19.1.2021 passed in Crl. Misc. Bail Application No. 1633 of 2021. It is lastly submitted that the applicant has no criminal history, he is languishing in jail since 16.1.2021 and in case he is released on bail he will not misuse the liberty of bail.

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Learned A.G.A as well as learned counsel for the informant has vehemently opposed the prayer for grant of bail.

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Keeping in view the nature of offence, evidence, complicity of the accused, severity of punishment, submissions of the learned counsel for the parties and without touching the merits of the case in my opinion the accused applicant is entitled for bail.

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Let the applicant involved in the aforesaid crime be released on bail on his furnishing a personal bond and two sureties each in

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the like amount to the satisfaction of the court concerned with the following conditions:-

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The applicant shall not tamper with the prosecution evidence, shall cooperate in the investigation or trial and will not indulge in any criminal activity or commission of any crime after being released on bail.

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In case of breach of any of the conditions, it shall be a ground for cancellation of bail. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.

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However, if due to Covid-19 pandemic, the Sub-ordinate Court is under lockdown, the applicant shall be enlarged on bail on execution of personal bond without sureties till normal functioning of the courts is restored. The accused till furnish sureties to the satisfaction of the court below within a month after normal functioning of the courts is restored.

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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.

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It is made clear that in the event the Sub-ordinate Court is functional as usual then the normal procedure/mode of filing bail bonds and two sureties each in the like amount to the satisfaction of the Court concerned will be adopted.

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Order Date :- 17.6.2021 S.Verma

Hunney v. State of U.P.

Case brief

What is this about?

What did the court decide?

Hunney v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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