Allowed

Aadesh Kumar v. State of U.P.

Allahabad HC3 Aug 2022BAIL/20275/2022

Case brief

AI extract

What is this about?

Bail application filed by Aadesh Kumar accused of attempts to murder under Sections 307, 120-B IPC. Court allowed bail on parity with co-accused women granted bail earlier, noting applicant's role and lack of criminal history justified释放 pending trial.

What did the court decide?

Released on bail on personal bond and two sureties subject to standard conditions against tampering with evidence and influencing witnesses.

Aadesh Kumar Vs State of U.P. — Bail and Remand | Allahabad HC (2022)

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Court No. - 79

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 20275 of 2022

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Applicant :- Aadesh Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Vivek Kumar Yadav Counsel for Opposite Party :- G.A.,Vinay Kumar Tiwari

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Hon'ble Subhash Vidyarthi,J.

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1.Heard Sri Vivek Kumar Yadav, the learned counsel for the applicant, Sri D.K. Srivastava, the learned A.G.A. for the State, Shri Vinay Kumar Tiwari, the learned counsel for the informant and perused the record.

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2.The present bail application has been filed by the applicant with the prayer to enlarge him on bail in Case Crime No. 30 of 2022, under Sections 307, 120-B I.P.C., P.S. Karhal, District Mainpuri.

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3.The aforesaid case has been registered on the basis of an F.I.R. dated 07-02-2022 lodged by the informant Karan Singh against three named accused persons, including the applicant, and unknown miscreants. It has been alleged in the F.I.R. that the informant lives with his nephews Rampal and Sukhdeo. As per the F.I.R. that wives of both the informant' nephews are in an illicit relation with the applicant and under a conspiracy hatched by the aforesaid ladies (accused nos.1 and 2), they had sent Ram Pal, husband of the accused no.1 to a doctor's clinic and they gave information about this to the applicant. The F.I.R. alleges that the husband of the accused no.1 was beaten up by the applicant and other persons.

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4.The injured Ram Pal has stated in his statement recorded under Section 161 Cr.P.C., that his wife Suman and his Bhabhi Pushpa Devi had caught hold of him and the applicant had hit him with a stick.

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5.The aforesaid co-accused ladies Suman and Pushpa Devi have already been granted bail by means of an order dated 10-062022 passed in Criminal Misc. Bail Application No. 23647 of 2022. The learned counsel for the applicant has submitted that the case set up against the applicant is similar to that set up against the other co-accused persons, who have already been released on bail, therefore, the applicant is also entitled to be released on bail on the ground of parity..

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6.In the affidavit filed in support of the bail application it has been stated that the applicant is an innocent person and he has

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been falsely implicated in the present case due to village rivalry and partybandi and that the applicant has no criminal history.

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The applicant is in jail since 11.04.2022. It has been stated in the affidavit that there is no possibility of the applicant tampering with any evidence and in such circumstances, the applicant is entitled for bail. It is also stated in the affidavit that the applicant will not misuse the liberty of bail and he will fully cooperate in the investigation.

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8.Per contra, the learned counsel for the informant and the learned Additional Government Advocate have opposed the prayer for grant of bail and submitted that the main role of beating has been assigned to the applicant and, therefore, he is not entitled to be released on bail.

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9.Refuting the aforesaid submissions, the learned counsel for the applicant has submitted that even as per the statement of the alleged injured persons, his own wife Suman and his Bhabhi Pushpa Devi (co-accused) who have already been granted bail, had caught hold of him and the applicant had beaten up him. He has submitted that even as per the statement made by the injured himself, all the three accused persons would be guilty of committing the same offence and, therefore, it cannot be said that the applicant is not entitled be released on bail on the ground of parity.

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10.Keeping in view the aforesaid fact, this Court is satisfied that the applicant has made out a case for being enlarged on bail pending conclusion of the trial. The bail application is accordingly allowed.

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11.Let the applicant - Aadesh Kumar be released on bail in Case Crime No. 30 of 2022, under Sections 307, 120-B I.P.C., P.S. Karhal, District Mainpuri on his furnishing a personal bond and two reliable sureties each of the like amount to the satisfaction of the court concerned subject to following conditions:-

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

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(ii) The applicant will not influence any witness.

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

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(iv) The applicant shall not directly or indirectly make inducement, threat or promise to any person acquainted with the

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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.

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

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Order Date :- 3.8.2022 pks

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Digitally signed by PANKAJ KUMAR SRIVASTAVA Date: 2022.08.05 13:29:32 IST Reason: Location: High Court of Judicature at Allahabad

Aadesh Kumar v. State of U.P.

Case brief

What is this about?

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Aadesh Kumar v. State of U.P.

Case brief

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