Allowed

Amaraj @ Abhayraj Kharvar v. State of U.P.

Allahabad HC7 Sept 2022BAIL/17827/2022

Case brief

AI extract

What is this about?

Criminal Miscellaneous Bail Application allowed to the applicant charged with murder under Sections 396 and 34 IPC. The Court found a prima facie case for bail despite the seriousness of the offence, citing the Apex Court and directing expedited trial within one year with strict conditions.

What did the court decide?

Applicant released on bail on personal bond and two sureties subject to strict conditions and verified identity.

Amaraj @ Abhayraj Kharvar Vs State of U.P. — Murder and Culpable Homicide | Allahabad HC (2022)

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Court No. - 69

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17827 of 2022

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Applicant :- Amaraj @ Abhayraj Kharvar Opposite Party :- State of U.P. Counsel for Applicant :- Swati Agrawal Srivastava Counsel for Opposite Party :- G.A.

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Hon'ble Siddharth,J.

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

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There is allegation of causing murder of deceased against unknown accused in the FIR. Subsequently, on the basis of information given by the informant, recovery of some incriminating weapons has been made.

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Counsel for the applicant submits that it is a case of false implication. There is no eye-witness or any other reliable evidence against the applicant. The applicant is in jail since 13.11.2021. Prior to the present implication the applicant had no criminal history to his credit.

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On the other hand learned A.G.A has opposed the prayer for bail.

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Keeping in view the nature of the offence, evidence, complicity of the accused, submissions of the learned counsel for the parties, larger mandate of the Article 21 of the Constitution of India and the dictum of Apex Court in the case of Dataram Singh Vs. State of U.P. and another reported in (2018) 3 SCC 22 and recent judgment dated 11.07.2022 of the Apex Court in the case of Satendra Kumar Antil vs. C.B.I., passed in S.L.P (Crl.) No. 5191 of 2021 and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.

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Let the applicant, Amaraj @ Abhayraj Kharvar, involved in Case Crime No. 527 of 2021, under Sections- 396 and 34 IPC, Police Station- Soraon, District- Prayagraj, be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified.

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(i) The applicant shall not tamper with the evidence or threaten

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the witnesses.

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(ii) 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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(iii) The applicant shall remain present before the Trial Court on each date fixed, either personally or as directed by the Court. 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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(iv) 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 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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(v) 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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In case, of breach of any of the above conditions, it shall be a ground for cancellation of bail.

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Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.

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Trial court is directed to conclude the trial of the applicant as expeditiously as possible preferably within a period of one year from the date of production of certified copy of this order.

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Order Date :- 7.9.2022 Rohit

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Digitally signed by ROHIT DAS Date: 2022.09.08 13:59:59 IST Reason: Location: High Court of Judicature at Allahabad

Amaraj @ Abhayraj Kharvar v. State of U.P.

Case brief

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Amaraj @ Abhayraj Kharvar v. State of U.P.

Case brief

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