Allowed

Sachin Kumar v. State of U.P.

Allahabad HC21 Jan 2021BAIL/4337/2021

Case brief

AI extract

What is this about?

The High Court granted bail to Sachin Kumar, a co-accused falsely implicated in an offenses under IPC Sections 147, 148, 149, 308, 323, 504, and 506. The court emphasized parity with another co-accused and lacked criminal history, imposing standard bail conditions.

What did the court decide?

The applicant was enlarged on bail by executing a personal bond and two sureties in the like amount.

Sachin Kumar Vs State of U.P. — Bail and Remand | Allahabad HC (2021)

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Court No. - 69

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4337 of 2021

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Applicant :- Sachin Kumar Opposite Party :- State of U.P. Counsel for Applicant :- K.K.Rao,Pradeep Kumar Srinette Counsel for Opposite Party :- G.A.

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Hon'ble Neeraj Tiwari,J.

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Heard learned counsel for the applicant and Sri Om Prakash, learned A.G.A. for the State.

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It is submitted by the learned counsel for the applicant that he has been falsely implicated in the present case. General role has been assigned to all co-accused. It is next submitted that one coaccused, Akash @ Akki, having an identical role has already been granted bail by this Court on 21.1.2021 in Criminal Misc. Bail Application No. 2655 of 2021, therefore, the applicant is also entitled for bail on the ground of parity. The applicant has no criminal history to his credit and is languishing in jail since 10.11.2020. In case, the applicant 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 but could not dispute the aforesaid facts.

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Considering the facts and circumstances of the case and also perusing the material on record, without expressing any opinion on the merit of the case, let the applicant- Sachin Kumar , involved in Case Crime No. 0577 of 2020, under Sections- 147, 148, 149, 308, 323, 504, 506 I.P.C., Police Station- Noida Sector-39, District Gautam Budh Nagar, be enlarged on bail on his executing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned. It is further provided that this bail order available on the official website of the High Court will be taken to be the authentic one and certified copy shall be submitted before that court concerned as soon as it is issued.

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This bail order would be subject to the fulfilment of following conditions:-

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The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.

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The applicant shall cooperate in the trial sincerely without seeking any adjournment.

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The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.

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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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In case, the applicant misuses the liberty of bail 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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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 default of this condition is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of his bail and proceed against him in accordance with law.

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In case the applicant has been enlarged on short term bail as per the order of committee constituted under the orders of Hon'ble Supreme Court his bail shall be effective after the period of short term bail comes to an end.

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

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Order Date :- 21.1.2021

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Arvind

Sachin Kumar v. State of U.P.

Case brief

What is this about?

What did the court decide?

Sachin Kumar v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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