Allowed

Ashok Kumar v. State of U.P.

Allahabad HC15 Sept 2022BAIL/20679/2022

Case brief

AI extract

What is this about?

The High Court of Judicature at Allahabad allowed the bail application of Ashok Kumar, who was accused under Sections 147, 149, 323, 307, 308, 336, 325, 504 IPC. The court granted bail on the ground of parity with a co-accused already released on bail by a coordinate bench.

What did the court decide?

Applicant released on bail by furnishing a personal bond and two heavy sureties each in the like amount, subject to specified conditions.

Ashok Kumar Vs State of U.P. — Civil Procedure and Limitation | Allahabad HC (2022)

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Court No. - 49

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 20679 of 2022

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Applicant :- Ashok Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Shashi Kumar Mishra,Manoj Kumar Yadav Counsel for Opposite Party :- G.A.,Bratendra Singh,Dhirendra Kumar Verma

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Hon'ble Nalin Kumar Srivastava,J.

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Heard learned counsel for the applicant as well as learned A.G.A for the State and perused the record.

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It is submitted by the learned counsel for the applicant that the co-accused Awadhesh Kumar has been granted bail by coordinate Bench of this Court vide order dated 1.8.2022 passed in criminal misc. bail application no.22280 of 2022, copy of which has been produced before this Court, which is being taken on record. He further submits that role of the applicant is not distinguishable with the role of co-accused, therefore, the applicant is also entitled for bail on the ground of parity. It is next contended that the applicant has been falsely implicated in the present case. Alleged offences are not made out against the applicant. Role of catching hold has been assigned to the applicant. Applicant has been languishing in jail since 31.3.2022 and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial.

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

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Keeping in view the nature of the offence, evidence, complicity of accused, severity of punishment, submissions of the learned counsel for the parties 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 Ashok Kumar involved in Case Crime No.47 of 2022 under Sections 147, 149, 323, 307, 308, 336, 325, 504 IPC, Police Station Dannahar, District - Mainpuri be released on bail on furnishing a personal bond and two heavy 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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The applicant will not tamper with the evidence during the trial.

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The applicant will not pressurize/ intimidate the prosecution witness.

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

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The applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.

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The applicant shall not directly or indirectly make any 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 or to any police officer or tamper with the evidence.

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

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Order Date :- 15.9.2022

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Digitally signed by SANDEEP SHARMA Date: 2022.09.16 11:25:02 IST Reason: Location: High Court of Judicature at Allahabad

Ashok Kumar v. State of U.P.

Case brief

What is this about?

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Ashok Kumar v. State of U.P.

Case brief

What is this about?

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