Allowed

Tilak @ Gangu v. State of U.P.

Allahabad HC2 Dec 2022BAIL/31519/2022

Case brief

AI extract

What is this about?

This order deals with a bail application under Criminal Miscellaneous Bail Application No. 31519 of 2022. The High Court, without expressing an opinion on the merits, held that the applicant had established a case for bail and released him on a personal bond and two sureties.

What did the court decide?

Applicant released on bail on furnishing a personal bond and two sureties each in like amount, subject to verification of sureties and specific conditions.

Tilak @ Gangu Vs State of U.P. — Bail and Remand | Allahabad HC (2022)

¶1

Court No. - 74

¶2

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 31519 of 2022

¶3

Applicant :- Tilak @ Gangu Opposite Party :- State of U.P. Counsel for Applicant :- Sanjay Kumar Dubey Counsel for Opposite Party :- G.A.

¶4

Hon'ble Deepak Verma,J.

¶5

Heard Sri Sanjay Kumar Dubey, learned counsel for the applicant, Sri Ram Adhar Ram, learned A.G.A. for the State and perused the record.

¶6

The instant bail application has been filed with a prayer to release the applicant on bail in Case Crime No.287 of 2021, registered under Sections 307, 120-B I.P.C., Police Station Hathras Gate, District Hathras during pendency of the trial.

¶7

Learned counsel for the applicant submitted that the applicant is innocent and has been falsely implicated in the present case due to ulterior motive. Applicant is not named in the FIR. Informant and injured in first statement before Investigating Officer had not made accused to the applicant but in second statement informant has named the applicant and made accused in the present case on account of suspicion. Father of the informant has lodged the FIR against the accused persons. Only evidence against the applicant is that his name came in confessional statement. It is a case of suspicion. There is no direct evidence against the applicant. The applicant is languishing in jail since 25.08.2021. In case, the applicant is released on bail, he will not misuse the liberty of bail and co-operate in trial.

¶8

Learned A.G.A. has opposed the bail prayer of the applicant.

¶9

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 law laid down by the Apex Court in Satendra Kumar Antil Vs. C.B.I. & Another , S.L.P.(Crl.) No. 5191 of 2021 , the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.

¶10

Let the applicant, Tilak @ Gangu, who is involved in the aforesaid case crime, be released on bail on his furnishing a personal bond and two sureties each in the like amount to the

¶11

satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified.

¶12

The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.

¶13

The applicant shall cooperate in the trial sincerely without seeking any adjournment.

¶14

The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.

¶15

In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.

¶16

Order Date :- 2.12.2022 Nitin Verma

¶17

Digitally signed by NITIN KUMAR VERMA Date: 2022.12.02 16:52:34 IST Reason: Location: High Court of Judicature at Allahabad

Tilak @ Gangu v. State of U.P.

Case brief

What is this about?

What did the court decide?

Tilak @ Gangu v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Parties & counsel

Coram

Case details

Similar cases

Abhinav Yadav Vs State of U.P. and 4 Others

Sonvir Singh Vs State of U.P.

Ashok Kumar Jaiswal Vs State of U.P.

State of Up Vs Sohil Khan S/o Jamal Khan and another

Smt. Rashmi and 4 Others Vs State of U.P.

Mohit Pal Vs State of U.P.