Allowed

Avneesh and Another v. State of U.P.

Allahabad HC11 Mar 2022BAIL/2222/2022

Case brief

AI extract

What is this about?

This judgment grants bail to two applicants charged under Section 147, 148, 323, 326, 427, 504, and 506 IPC for offences arising from a dispute involving assault with a lathi. The court held that a case for bail was made out without expressing an opinion on the merits. The applicants were released on submitting a personal bond and two sureties.

What did the court decide?

Applicants granted bail on furnishing a personal bond and two sureties each with standard bail conditions.

Avneesh and Another Vs State of U.P. — Cheque Dishonour | Allahabad HC (2022)

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Court No. - 75

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2222 of 2022

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Applicant :- Avneesh And Another Opposite Party :- State of U.P. Counsel for Applicant :- Raj Kumar Mishra Counsel for Opposite Party :- G.A.

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Hon'ble Subhash Chandra Sharma,J.

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

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It is submitted that applicants have been falsely implicated in this case on account of dispute between both the parties at the time of bhandara in the village. There is allegation of assault with lathi, danda and stones against the applicants. Injuries caused to Dinesh are simple in nature and it does not come within the purview of Section 326 I.P.C. There is no criminal history against the applicants. Applicants are languishing in jail since 16.12.2021 and in case they are released on bail, they will not misuse the liberty of bail and will cooperate in trial.

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Learned A.G.A. opposed the prayer for bail.

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Considering the facts and circumstances of the case, the nature of the offence, evidence, complicity of the accused, 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 applicants have made out a case for bail. The bail application is allowed.

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Let the applicant Avneesh & Sundaram involved in Case Crime No.366 of 2021, under Sections 147, 148, 323, 504, 506, 427, 336, 326 I.P.C., Police Station Friends Colony, District Etawah, be released on bail on their furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions.

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The applicants will not tamper with the evidence during the trial.

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The applicants will not pressurize/ intimidate the prosecution witness.

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

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The applicants shall not commit an offence similar to the offence of which they are accused, or suspected of the commission of which they are suspected.

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The applicants 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 :- 11.3.2022 Ashok Gupta

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Digitally signed by ASHOK KUMAR GUPTA Date: 2022.03.15 17:23:50 IST Reason: Location: High Court of Judicature at Allahabad

Avneesh and Another v. State of U.P.

Case brief

What is this about?

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Avneesh and Another v. State of U.P.

Case brief

What is this about?

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