Allowed

Abhinav @ Lucky v. State of U.P.

Allahabad HC13 Sept 2022BAIL/37882/2022

Case brief

AI extract

What is this about?

High Court allowed bail application regarding alleged commission of offences under IPC 307, 147, 148, 149, 504, 506, and 452. Court permitted release on personal bond with two sureties after noting lack of specific role for the applicant and medical report inconsistencies.

What did the court decide?

Applicant released on bail on personal bond with two sureties subject to conditions regarding evidence tampering and trial cooperation.

Abhinav @ Lucky Vs State of U.P. — Murder and Culpable Homicide | Allahabad HC (2022)

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Court No. - 74

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 37882 of 2022

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Applicant :- Abhinav @ Lucky Opposite Party :- State of U.P. Counsel for Applicant :- Dharmendra Pratap Singh Counsel for Opposite Party :- G.A.,Ashok Kumar Singh Bais

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Hon'ble Deepak Verma,J.

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Heard learned counsel for the applicant, learned counsel for the informant, 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.110 of 2022, under Section 147, 148, 149, 307, 452, 504, 506 IPC, P.S. Titavi, District Muzaffar Nagar, during pendency of trial.

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It is argued by learned counsel for the applicant that applicant is innocent and has been falsely implicated in the present case. The medical examination report, appended as Annexure no.2 to the affidavit filed alongwith instant application, does not corroborate with the prosecution case as injured has received only one injury being lacerated wound size 5cm x 3cm depth no probe present on left side of chest. The role of causing injury is assigned to co-accused Monu, whereas, no specific role has been assigned to the applicant. The applicant is not a previous convict. There is no prospect of trial of the present case being concluded in near future. The applicant is languishing in jail since 23.06.2022 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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Per contra, learned counsel for the informant has opposed the prayer for bail but could not dispute that the role of filing is assigned to co-accused Monu.

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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 law laid 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.

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Let the applicant, Abhinav @ Lucky be released on bail on his

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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.

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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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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 :- 13.9.2022 A. Pandey

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Digitally signed by ANAND PANDEY Date: 2022.09.16 12:34:55 IST Reason: Location: High Court of Judicature at Allahabad

Abhinav @ Lucky v. State of U.P.

Case brief

What is this about?

What did the court decide?

Abhinav @ Lucky v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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