Allowed

Deepak Alias Deepak Malik v. State of U.P.

Allahabad HC14 Jun 2021BAIL/22054/2021

Case brief

AI extract

What is this about?

The Single Judge of the High Court of Judicature at Allahabad granted bail to the accused Deepak Alias Deepak Malik in a criminal miscellaneous bail application tried under Sections 147, 148, 307 IPC, directing him to furnish a personal bond and two sureties subject to specific conditions including verification of bonds.

What did the court decide?

Applicant released on bail by furnishing a personal bond and two sureties each in the like amount with conditions on tampering and residency verification.

Deepak Alias Deepak Malik Vs State of U.P. — Bail and Remand | Allahabad HC (2021)

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Court No. - 65

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 22054 of 2021

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Applicant :- Deepak Alias Deepak Malik Opposite Party :- State of U.P. Counsel for Applicant :- Rajesh Kumar Mishra,Anil Kumar Tiwari

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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 counsel for the informant as well as 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- Deepak Alias Deepak Malik, who is involved in Case Crime No. 696 of 2020, under Sections 147, 148, 452, 323, 324, 307, 504 and 506 I.P.C., Police Station-Baghpat, District- Baghpat.

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Learned counsel for the applicant submits that applicant is innocent and falsely been implicated in this case due to rivalry; that an F.I.R. was got registered by Mohit Kumar, the injured on the same day of the incident i.e. on 25.9.2020 against eight named including the applicant and some unknown accused persons, attributing a general role of indiscriminate assault by Lathi, Danda and Saria upon the deceased Kishanpal and six other persons; that neither in the F.I.R. nor in the statement recorded u/s 161 Cr.P.C. of all witnesses who are injured, it is not clear that who has caused the fatal injury to the deceased; that the applicant had no motive nor is there any direct evidence against the applicant. It is lastly submitted that the applicant has no criminal history, he is languishing in jail since 1.10.2020 and in case he is released on bail he will not misuse the liberty of bail.

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Learned A.G.A 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

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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 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 :- 14.6.2021 S.Verma

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Digitally signed by Justice Umesh Kumar Date: 2021.06.15 13:39:07 IST Reason: Document Owner Location: High Court of Judicature at Allahabad

Deepak Alias Deepak Malik v. State of U.P.

Case brief

What is this about?

What did the court decide?

Deepak Alias Deepak Malik v. State of U.P.

Case brief

What is this about?

What did the court decide?

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