Allowed¶10

Kamaal v. State of U.P.

Allahabad HC13 Sept 2022BAIL/34618/2022

Case brief

AI extract

What is this about?

Kamaal bail application allowed; Allahabad High Court CRIMINAL MISC. BAIL APPLICATION No. 34618 of 2022; Case Crime No. 188 of 2022; Sections 323, 504, 506, 326 IPC; P.S. Lalganj, District Basti; applicant in jail since 21.06.2022; Section 326 IPC added during investigation; superficial injury; delay in FIR; Dataram Singh v. State of U.P., (2018) 3 SCC 22 relied on; release on personal bond and two local sureties with conditions; Mayank Kumar Jain, J.; order dated 13.9.2022.

What did the court decide?

Applicant Kamaal to be released on bail in Case Crime No. 188 of 2022 on furnishing a personal bond and two local sureties to the satisfaction of the court concerned, subject to conditions; prosecution at liberty to seek cancellation of bail on breach of any condition. ¶10

Kamaal Vs State of U.P. — Allahabad HC (2022) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the applicant Kamaal, arraigned in Case Crime No. 188 of 2022 under Sections 323, 504, 506, 326 of IPC, P.S. Lalganj, District Basti, should be enlarged on bail.

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Court's answer

Considering the entire facts and circumstances, submissions of counsel, the nature of evidence and the dictum of the Apex Court in Dataram Singh, and without expressing any opinion on the merits of the case, the Court held that the applicant has made out a case for bail and allowed the bail application.

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Ratio / Principle

The applicant is to be released on bail on furnishing a personal bond and two local sureties to the satisfaction of the court concerned, subject to conditions: no tampering with prosecution evidence, no influencing of witnesses, appearance before the trial Court on fixed dates unless exempted, and no inducement, threat or promise to any person acquainted with the facts; on breach of any condition the prosecution may move this Court for cancellation of bail.

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Detailed headnote1 paragraphs

Bail — Criminal Misc. Bail Application No. 34618 of 2022 (Allahabad High Court, Mayank Kumar Jain, J., order dated 13.9.2022) — Case Crime No. 188 of 2022 under Sections 323, 504, 506, 326 IPC, P.S. Lalganj, District Basti — applicant in jail since 21.06.2022 with no criminal history — counsel contended Section 326 IPC was added during investigation, injuries superficial and FIR delayed — Court, relying on the Apex Court dictum in Dataram Singh v. State of U.P., (2018) 3 SCC 22, and without expressing any opinion on merits, held a case for bail made out and allowed the application — release on personal bond and two local sureties subject to conditions (no tampering with evidence, no influencing witnesses, appearance before trial court, no inducement/threat/promise); breach entitles prosecution to seek cancellation before the High Court.

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Court No. - 82

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 34618 of 2022

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Applicant :- Kamaal Opposite Party :- State of U.P. Counsel for Applicant :- Vinod Kumar Dwivedi Counsel for Opposite Party :- G.A.

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Hon'ble Mayank Kumar Jain,J.

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Supplementary affidavit filed today is taken on record.

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

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The present bail application has been filed on behalf of applicant in Case Crime No. 188 of 2022, under Sections 323, 504, 506, 326 of IPC, Police Station Lalganj, District Basti with the prayer to enlarge the applicant on bail.

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It has been argued by learned counsel for the applicant that applicant is innocent and he has been falsely implicated in the present case. It is submitted that Section 326 of IPC was added during the investigation, primarily the FIR was registered under Section 323, 504, 506 of IPC. It is submitted that the injury is not caused by the applicant-accused. The injuries shown by the doctor on the body of the injured are referred as superficial injury and in view of the injury report, the offence under Section 326 of IPC is not made out. It is further submitted that there is inordinate delay in lodging of the FIR while the police station is merely 3 kms away. It is submitted that the case is triable by the Magistrate. It is further submitted that applicant is languishing in jail since 21.06.2022 having no criminal history and that in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.

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

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Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties, nature of evidence and the dictum of Apex Court in the case of Dataram Singh Vs. State of U.P. and Another, (2018) 3 SCC 22 , without expressing any opinion on 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 Kamaal in the aforesaid crime be released on

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bail on furnishing a personal bond and two local sureties to the satisfaction of court concerned subject to the following conditions:

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(1). The applicant will not tamper with the prosecution evidence during the trial.

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(2). The applicant will not influence any witness.

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(3). The applicant will appear before the trial Court on the date fixed, unless personal presence is exempted.

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(4). 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 to any police officer or tamper with the evidence.

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

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Order Date :- 13.9.2022 Mohit

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Digitally signed by MOHIT KUMAR KUSHWAHA Date: 2022.09.13 17:44:09 IST Reason: Location: High Court of Judicature at Allahabad

Kamaal v. State of U.P.

Case brief

What is this about?

What did the court decide?

Kamaal v. State of U.P.

Case brief

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What the court decided

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