Allowed

Aakash v. State of U.P.

Allahabad HC5 Aug 2022BAIL/16290/2022

Case brief

AI extract

What is this about?

Criminal Miscellaneous Bail Application allowing the release of the applicant under Sections 307/34, 323, 504, 506 IPC. The Court noted the non-vital nature of the injury, the applicant's lack of criminal history, and the ongoing strike preventing statement production.

What did the court decide?

Release of the applicant on bail on furnishing a personal bond and two sureties in the like amount to the satisfaction of the court below.

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

¶1

Court No. - 79

¶2

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 16290 of 2022

¶3

Applicant :- Aakash Opposite Party :- State of U.P. Counsel for Applicant :- Akhilesh Kumar Mishra Counsel for Opposite Party :- G.A.

¶4

Hon'ble Subhash Vidyarthi,J.

¶5

1.Heard Sri Akhilesh Kumar Mishra, the learned counsel for the applicant, Sri Jitendra Kumar Jaiswal, the learned Additional Government Advocate and perused the record.

¶6

2.The instant application has been filed seeking release of the applicant on bail in Case Crime No. 17 of 2022, under Sections 307/34, 323, 504, 506 IPC, Police Station Pilakhuwa, District Hapur during pendency of the trial in the Court below.

¶7

3.The aforesaid case has been registered on the basis of a first information report lodged on 14.01.2022 by the informant against four named accused persons, including the applicant, alleging that the applicant had assaulted the informant's brother with a knife. The medico legal examination report of the victim mentions an incised wound on the inner aspect of left palm and some abrasions and a lacerated wound.

¶8

4.By means of an order dated 09.05.2022, the learned counsel for the applicant was granted time for bringing on record the statements of the injured and again on 19.07.2022, further time was granted to him for the aforesaid purpose but the same has not been done and the learned counsel for the applicant states that because of an ongoing strike in the District Court, Hapur, he could not procure the aforesaid documents.

¶9

5.The applicant is languishing in jail since 20.01.2022.

¶10

6.In the affidavit filed in support of the bail application, it has been stated that the applicant has been falsely implicated in the present case and there is no chance of his absconding or tampering with any evidence or the witness. The affidavit further contains an undertaking that in case the applicant is released on bail, he will not misuse the liberty. The applicant has no criminal history.

¶11

7.Per contra, the learned Additional Government Advocate has opposed the prayer for grant of bail, but he could not dispute

¶12

the aforesaid aspects of the matter.

¶13

8.Having regard to the aforesaid facts and Keeping in view that the injury suffered by the victim is on a non vital part and also considering that the applicant is languishing in jail since 20.01.2022, I am of the view that the applicant is entitled to be released on bail in the aforesaid case.

¶14

9.In light of the preceding discussion and without making any observation on the merit of the case, the instant bail application is allowed .

¶15

10.Let the applicant - Akash be released on bail in Case Crime No. 17 of 2022, under Sections 307/34, 323, 504, 506 IPC, Police Station Pilakhuwa, District Hapur on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court below, subject to the following conditions:-

¶16

(i) The applicant will not tamper with the evidence during the trial.

¶17

(ii) The applicant will not influence any witness.

¶18

(iii) The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.

¶19

(iv) The applicant shall not directly or indirectly make inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court to any police officer or tamper with the evidence.

¶20

11.In case of breach of any of the above condition, the prosecution shall be at liberty to move an application before this Court seeking cancellation of the bail.

¶21

Order Date :- 5.8.2022 Ashish Pd.

¶22

Digitally signed by ASHISH PRASAD Date: 2022.08.06 19:06:22 IST Reason: Location: High Court of Judicature at Allahabad

Aakash v. State of U.P.

Case brief

What is this about?

What did the court decide?

Aakash v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Bhawani Singh Vs State of U.P.

Banti @ Brijesh Vs State of U.P.

Shivpujan Vishwakarma @Chamcham Vs State of Uttar Pradesh through principal secretary home

Mannan Vs State of U.P.

Shaleem Vs State of U.P.

Saurabh Agarwal Vs State of U.P.