Allowed

Amarnath v. State of U.P.

Allahabad HC5 Mar 2022BAIL/11866/2021

Case brief

AI extract

What is this about?

In a bail application under Section 439 Cr.P.C. regarding a murder charge, the High Court allowed the applicant's release on bail. The court considered that the applicant's involvement was based on a confessional statement, he had no criminal history, and the motive belonged to a co-accused already on bail.

What did the court decide?

Release on bail subject to furnishing personal bonds and two sureties and complying with standard conditions of bail.

Amarnath Vs State of U.P. — Murder and Culpable Homicide | Allahabad HC (2022)

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Court No. - 90

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11866 of 2021

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Applicant :- Amarnath Opposite Party :- State of U.P. Counsel for Applicant :- Yash Pratap Singh,Amit Kumar Srivastava,Birendra Singh Counsel for Opposite Party :- G.A.

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Hon'ble Mrs. Sadhna Rani (Thakur),J.

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Heard learned counsel for the applicant, learned A.G.A. and perused the record.

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The bail application under Section 439 Cr.P.C. has been moved by the applicant - Amarnath to enlarge him on bail in Case Crime No. 263 of 2020 under Section 302 I.P.C. Police Station Badagaon, District Varanasi.

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It is argued that he is not named in the first information report. His name has come in the light afterward on his confessional statement before the police. There was no motive before him to commit the murder. The co-accused Ashwani Yadav had motive of the murder of the deceased and he has been enlarged on bail by the coordinate bench of this Court. Rama Devi, who was sleeping near the deceased at the time of incident has also not disclosed his name at the time of filing of the first information report. The case is of the circumstantial evidence, hence on the ground of parity the bail is seeked.

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Learned A.G.A. has opposed the bail application and contended that on the basis of confessional statement the name of the present accused has come in the light. He is said to have fired by country made pistol and Ashwani Yadav is said to have attacked with iron rod on the deceased. As per post mortem report, the death is caused by coma as a result of fire arm injury on head and injury noted in the post mortem report.

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On perusal of the record it is found that the statement of the witnesses, Vivek Kumar Yadav, Shiv Shanker Yadav, Mukhtar Yadav, Rajnath, Ravindra, Awdhesh Yadav and Rama Devi are on the record. According to their statements there was some dispute regarding construction of a toilet and it is said that the deceased was creating hurdle in this regard. Ashwani Yadav is said to be the affected person. The motive is also said to be with Ashwani Yadav, who has been released on bail by the coordinate bench of this Court. The name of the present accused

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has come into light on the basis of his own confessional statement before the police. The accused is said to have no criminal history. The charge sheet is said to have been filed. The accused is prepared to furnish the bonds.

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After perusing the record in the light of the submissions made at bar and taking an overall view of all the facts and circumstances of this case, the nature of accusations, severity of punishment in case of conviction, the period of detention already undergone, the unlikelihood of early conclusion of trial without commenting on the merits of the case, this Court is of the view that the applicant may be enlarged on bail.

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The bail application is allowed.

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Let the applicant Amarnath s/o Ramchandar Yadav involved in Case Crime No. 263 of 2020, under Section 302 I.P.C., Police Station Badagaon, District Varanasi be released on bail on furnishing personal bonds and two sureties each in the like amount to the satisfaction of the court concerned subject to the following conditions:-

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The applicant will not tamper with the evidence.

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The applicant will not indulge in any criminal activity.

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The applicant will not pressurize/intimidate the prosecution witnesses and will co-operate in the trial.

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The applicant will appear regularly on each and every date fixed by the trial court unless his personal appearance is exempted through counsel by the court concerned.

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In case of breach of any conditions mentioned above, the trial court will be at liberty to cancel the bail of the applicant.

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Order Date :- 5.3.2022 gp

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Digitally signed by GANESH PRAKASH Date: 2022.03.08 08:57:28 IST Reason: Location: High Court of Judicature at Allahabad

Amarnath v. State of U.P.

Case brief

What is this about?

What did the court decide?

Amarnath v. State of U.P.

Case brief

What is this about?

What did the court decide?

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