Allowed

Raj Kumar v. State of U.P.

Allahabad HC21 Jul 2022BAIL/3909/2022

Case brief

AI extract

What is this about?

Criminal Miscellaneous Bail Application filed in the Allahabad High Court for an accused charged with assault and criminal breach of peace. The court allowed bail after finding that injuries were simple in nature.

What did the court decide?

Release on bail with a personal bond and two reliable sureties each of like amount, subject to conditions regarding tampering, influencing witnesses, and appearance before the trial court.

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

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Court No. - 79

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3909 of 2022

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Applicant :- Raj Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Sushil Kumar Pandey,Sheshadri Trivedi Counsel for Opposite Party :- G.A.

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Hon'ble Subhash Vidyarthi,J.

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Heard Sri Kailash Nath, Advocate holding brief of Shri Suhsil Kumar Pandey, the learned counsel for the applicant, Sri Arun Kumar Pandey, the learned A.G.A. for the State and perused the record.

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The present bail application has been filed by the applicant with the prayer to enlarge him on bail in Case Crime No. 474 of 2021, under Sections 452, 307, 323, 324, 504 and 506 I.P.C., P.S. Jhinjhana, District Shamli.

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The aforesaid case has been registered on the basis of an F.I.R. lodged by the informant against three named accused persons, including the applicant, alleging that the aforesaid persons had abused and assaulted the informant's mother and other family members with Gadasi (sharp edged weapon).

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The medical examination reports of the injured persons have been annexed with the affidavit field in support of the bail application, as per which the injuries were simple in nature.

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It has further been stated in the affidavit filed in support the bail application that the applicant has not caused any injuries to the injured persons and the prosecution story is false.

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It has also been averred in the affidavit filed in support of the bail application that the applicant is an innocent person, he has been falsely implicated in the case, he is having no previous criminal history and he is in jail since 01-11-2021. It has also been stated in the affidavit that there is no possibility of the applicant tampering with any evidence and in such circumstances, the applicant is entitled for bail and that the applicant will not misuse the liberty of bail and he will fully cooperate in the investigation.

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The learned A.G.A., on the basis of instructions has opposed the prayer for grant of bail to the applicant. However, he could not dispute the aforesaid aspects of the case.

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Keeping in view the aforesaid fact, this Court is satisfied that the applicant has made out a case for being enlarged on bail

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pending conclusion of the trial. The bail application is accordingly allowed.

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Let the applicant - Raj Kumar be released on bail in Case Crime No. 474 of 2021, under Sections 452, 307, 323, 324, 504 and 506 I.P.C., P.S. Jhinjhana, District Shamlion his furnishing a personal bond and two reliable sureties each of the like amount to the satisfaction of the court concerned subject to following conditions:-

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

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(ii) The applicant will not influence any witness.

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

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(iv) The applicant shall not directly or indirectly make 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 bail before this Court seeking cancellation of bail.

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Order Date :- 21.7.2022

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pks

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Digitally signed by PANKAJ KUMAR SRIVASTAVA Date: 2022.07.22 17:34:51 IST Reason: Location: High Court of Judicature at Allahabad

Raj Kumar v. State of U.P.

Case brief

What is this about?

What did the court decide?

Raj Kumar v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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