Allowed

Puneet Kumar v. State of U.P.

Allahabad HC5 Sept 2022BAIL/34520/2022

Case brief

AI extract

What is this about?

In a bail application under Sections 368, 366, 363 I.P.C., the Single Judge allowed the prayer for release on bail, noting the applicant's alibi and employability, and imposed conditions including a personal bond and future sureties pending normal court functioning.

What did the court decide?

Released on bail on execution of personal bond without immediate sureties; sureties to be furnished within a month after normal court functioning.

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

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Court No. - 75

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 34520 of 2022

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Applicant :- Puneet Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Upendra Kumar Pushkar Counsel for Opposite Party :- G.A.

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Hon'ble Deepak Verma,J.

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

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The instant bail application has been filed on behalf of the applicant with a prayer to release him on bail in Case Crime No.131 of 2020, under Sections 368, 366, 363 I.P.C., P.S.Barla, District Aligarh, during pendency of trial.

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Learned counsel for the applicant submitted that applicant is innocent and has falsely been implicated in the present case; applicant is cousin of co-accused Amit, who, enticed the victim and solemnized marriage; no case is made out under alleged Sections against the applicant; the main allegation is against the co-accused Amit; as per statement of victim recorded under Sections 161 Cr.P.C. and 164 Cr.P.C., she is aged about 18 years; the applicant is not a previous convict. Moreover, there is no prospect of trial of the present case being concluded in near future. The applicant is languishing in jail since 20.06.2022 and in case he is enlarged on bail he will not misuse the liberty of bail and co-operate in trial.

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

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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.

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Let the applicant, Puneet Kumar, who is involved in the aforesaid case crime, be released on bail on his furnishing a

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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.

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

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

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

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The applicant shall be enlarged on bail on execution of personal bond without sureties till normal functioning of the courts is restored. The accused will furnish sureties to the satisfaction of the court below within a month after normal functioning of the courts are restored.

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

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Order Date :- 5.9.2022

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Meenu

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Digitally signed by MEENU SINGH Date: 2022.09.06 09:59:04 IST Reason: Location: High Court of Judicature at Allahabad

Puneet Kumar v. State of U.P.

Case brief

What is this about?

What did the court decide?

Puneet Kumar v. State of U.P.

Case brief

What is this about?

What did the court decide?

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