Allowed

Shiv Kumar S/O Late Ramnath Yadav v. State of U.P. Thru. Prin. Secy. Home, Lko.

Allahabad HC8 Aug 2022/7885/2022

Case brief

AI extract

What is this about?

The court granted bail to the applicant charged under Sections 304, 308 IPC, and Section 5 of the Explosive Substances Act. The incident involved an explosion causing one death and two injuries, allegedly during a drama performance. The court found it to be a fit case for bail despite the gravity of the charge.

What did the court decide?

Shiv Kumar released on bail on personal bond and two sureties subject to conditions regarding court attendance and no abuse of liberty.

Shiv Kumar S/O Late Ramnath Yadav Vs State of U.P. Thru… — Bail and Remand | Allahabad HC (2022)

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Court No. - 10

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7885 of 2022

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Applicant :- Shiv Kumar S/O Late Ramnath Yadav Opposite Party :- State Of U.P. Thru. Prin. Secy. Home, Lko. Counsel for Applicant :- Dinesh Kumar Shukla Counsel for Opposite Party :- G.A.

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Hon'ble Dinesh Kumar Singh,J.

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No one appears for the applicant even in the revised call. Heard Mr.Sudheer Upadhyaya, learned A.G.A. for the State and perused the record.

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2. The present bail application under Section 439 Cr.P.C. has been filed by the applicant seeking bail in FIR No.163 of 2022 under Sections 304, 308 IPC, 5 Explosive Substances Act, Police Station Dariyabad, Barabanki.

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3. As per the allegations in the FIR it is said that the accused-applicant was carrying some explosive substance and was going in a vehicle along with the deceased and injured for performing a drama at Village- Saraishah. The incident took place as a result of 3 persons got seriously injured and out of injury, Raju s/o Sunder Lal died. From the facts as narrated in the FIR itself it appears that the incident was a accident and death was unintentional for which the FIR under Sections 304, 308 IPC, 5 Explosive Substance Act has been registered.

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4. Considering the aforesaid fact and taking into consideration that the death of deceased was result of incident, arguments advanced by the learned counsel for the parties and, without expressing any opinion on the merit of the case, I find it to be a fit case for granting bail.

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5. Let applicant Shiv Kumar S/O Late Ramnath Yadav be released on bail in the aforesaid case on his furnishing a personal bond and two sureties of the like amount to the satisfaction of the Magistrate/Court concerned, subject to following conditions :-

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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

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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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Order Date :- 8.8.2022 prateek

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Digitally signed by PRATEEK ARORA Date: 2022.08.08 18:16:00 IST Reason: Location: High Court of Judicature at Allahabad, Lucknow Bench

Shiv Kumar S/O Late Ramnath Yadav v. State of U.P. Thru. Prin. Secy. Home, Lko.

Case brief

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Shiv Kumar S/O Late Ramnath Yadav v. State of U.P. Thru. Prin. Secy. Home, Lko.

Case brief

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What did the court decide?

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