Court allowed bail to Anil Kumar in Case Crime No. 5010 of 2009 under Sections 363, 366 IPC. Bail granted on furnishing personal bond and sureties, subject to conditions preventing evidence tampering and ensuring sincere trial cooperation.
Release on bail on furnishing personal bond and two sureties each in like amount.
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Court No. - 75
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 31181 of 2022
Applicant :- Anil Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Ravindra Prakash Srivastava Counsel for Opposite Party :- G.A.,Pradeep Kumar Tiwari
Hon'ble Deepak Verma,J.
Supplementary affidavit filed today on behalf of the applicant and counter affidavit filed on behalf of the informant, are taken on record
Heard learned counsel for the applicant, Sri Pradeep Kumar Tiwari, learned counsel for the informant, learned A.G.A. for the State and perused the record.
The instant bail application has been filed on behalf of the applicant Anil Kumar with a prayer to release him on bail in Case Crime No.5010 of 2009, under Sections 363, 366 I.P.C., P.S. Gaur, District Basti during pendency of the trial.
It is argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. Victim has solemnized marriage with one Santosh Kumar and living happily as husband and wife. Applicant has no concerned with the instant case. Victim has two sons after wedlock with Santosh Kumar. There is no prospect of trial of the present case being concluded in near future due to heavy dockets. The applicant is not a previous convict. The applicant is languishing in jail since 31.05.2022 and in case he is enlarged on bail he will not misuse the liberty of bail.
Learned A.G.A. has opposed the bail prayer of the applicant but learned counsel for the informant has supported the argument of counsel for the applicant that the victim has solemnized marriage with one Santosh Kumar and living happily as husband and wife.
Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and keeping in view the nature of offence, evidence, complicity of accused and without expressing any opinion on the merits of the case and the mandate laid down by the Apex Court in the case of Dataram Singh Vs. State of U.P. and another reported in (2018) 3 SCC 22, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let the applicant, Anil Kumar be released on bail in Case
Crime No.5010 of 2009, under Sections 363, 366 I.P.C., P.S. Gaur, District Basti, 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.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Order Date :- 6.9.2022/SKD
Digitally signed by SURJIT KUMAR DEY Date: 2022.09.07 10:52:11 IST Reason: Location: High Court of Judicature at Allahabad
3 issues framed by the court
Whether the applicant qualifies for bail on the grounds of innocence, delayed trial prospects, and lack of prior conviction.
Whether the applicant can be released on bail pending trial under Sections 363, 366 IPC.
Whether the conditions imposed for bail release are sufficient to prevent evidence tampering and future crimes.
Colour shows how this judgement treated each authority
Dataram Singh Vs. State of U.P. and anotherReferred¶10
(2018) 3 SCC 22 · Who else cites this
Anil Kumar
State of U.P.
Deepak Verma
As recorded by the court registry
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