Allowed

Surendra Kumar Vishwakarma and 2 Others v. State of U.P.

Allahabad HC2 Feb 2022BAIL/1140/2022

Case brief

AI extract

What is this about?

The High Court allowed the bail application of three applicants accused of crimes under Sections 498-A, 304-B IPC and Section 3/4 D.P. Act. The court was satisfied that there was a prima facie case and reasonable apprehension of witness tampering, leading to release on personal bond and sureties.

What did the court decide?

The applicants involved in crime no.277 of 2021 be released on bail on executing a personal bond and furnishing two sureties each.

Surendra Kumar Vishwakarma and 2 Others Vs State of U.P. — Bail and Remand | Allahabad HC (2022)

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Court No. - 66

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1140 of 2022

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Applicant :- Surendra Kumar Vishwakarma And 2 Others Opposite Party :- State of U.P. Counsel for Applicant :- K.S. Tiwari,Vivek Tiwari Counsel for Opposite Party :- G.A.

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Hon'ble Arvind Kumar Mishra-I,J.

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Heard learned counsel for the applicants and the learned A.G.A. for the State.

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Argument on behalf of the applicants has been extended to the effect that in this case, applicants are innocent and have been falsely implicated in this case. The applicants have no role to play in the commission of the offence. He further adds that the applicant nos. 1 and 2 are the jeth of the deceased and applicant no.3 is the jethani of the deceased and they are residing separately in separate house from the husband of the deceasedSurjeet Kumar Vishwakarma. The allegations on the face are general in nature. There was no ante-mortem injury over the person of the deceased. The applicants are in jail since 06.10.2021 and has no criminal antecedents except the present one. In case the the applicants are admitted to bail, there are no possibility of absconding or misusing the liberty of bail.

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The learned A.G.A. has vehemently opposed the prayer.

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Considering the rival submissions and the nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tampering with the witness and prima facie case, without expressing any opinion on merit of the case, this bail application is allowed.

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Let the applicants- Surendra Kumar Vishwakarma, Sanjeev Kumar @ Babloo Vishwakarma and Rekha involved in case crime no.277 of 2021, under Sections 498-A, 304-B IPC and Section 3/4 D.P. Act, Police Station Lalpur Pandeypur, district Varanasi be released on bail on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned.

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Order Date :- 2.2.2022

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Raj

Surendra Kumar Vishwakarma and 2 Others v. State of U.P.

Case brief

What is this about?

What did the court decide?

Surendra Kumar Vishwakarma and 2 Others v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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