Allowed

Gautam Prasad v. State of U.P.

Allahabad HC28 Sept 2022BAIL/39677/2022

Case brief

AI extract

What is this about?

Coram allowed bail to the applicant in Criminal Misc. Bail Application 39677 of 2022, imposing conditions against tampering with evidence, committing crimes, threatening witnesses, and ensuring regular appearance.

What did the court decide?

Release of applicant on personal bond and two reliable sureties subject to conditions of not tampering with evidence, not engaging in criminal activity, and regular appearance.

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

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Court No. - 92

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 39677 of 2022

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Applicant :- Gautam Prasad Opposite Party :- State of U.P. Counsel for Applicant :- Hemant Kumar Dubey Counsel for Opposite Party :- G.A.

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Hon'ble Gajendra Kumar,J.

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Heard learned counsel for the respective parties.

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The present bail application has been filed by the applicant with a prayer to enlarge him on bail in Case Crime No.191 of 2022, under Section 147, 323, 336, 504, 506, 308 I.P.C., Police Station-Rampur Karkhana, District-Deoria.

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Learned counsel for the applicant submits that he has been falsely implicated in the present case due to ulterior motive. The unexplained delay of one day in lodgement of F.I.R. shows that the same has been lodged as an afterthought. He further submits that general role has been assigned to all the accused persons including the present applicant and even injured in his statement has not assigned the specific role to the present applicant. He further submits that both the parties have received injury and applicant is not the aggressor. He further submits that apart from this case, applicant does not have any criminal history. Applicant is a law abiding citizen and there is no possibility of his fleeing away from the judicial process or tampering with the witnesses and in case, he is enlarged on bail, the same shall not be abused. The applicant is in jail since 29.06.2022, hence, he is entitled to bail.

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Learned A.G.A. vehemently opposes bail.

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Having heard learned counsel for both the parties, gone through the material placed on record and considering the nature of accusations, severity of the punishment in the case of conviction but without commenting on the merits of the case, a case for bail is made out, accordingly allowed.

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Let the applicant, Gautam Prasad, involved in above mentioned case crime number be released on bail on their executing a personal bond and two reliable sureties each in the like amount to the satisfaction of the court concerned subject to the following conditions:

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(i) The applicant shall not tamper with the evidence.

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(ii) The applicant shall not indulge in any criminal activity.

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(iii) The applicant shall not threaten the informant and witnesses and further shall cooperate in the investigation.

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(iv) The applicants will appear regularly on each and every date fixed by the trial court unless his personal appearance is exempted through counsel by the court concerned.

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In the event of breach of any of the aforesaid conditions, the learned court below will take recourse to law of cancellation of bail of the applicant.

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Order Date :- 28.9.2022 Ashutosh

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Digitally signed by ASHUTOSH SINGH Date: 2022.09.30 17:08:32 IST Reason: Location: High Court of Judicature at Allahabad

Gautam Prasad v. State of U.P.

Case brief

What is this about?

What did the court decide?

Gautam Prasad v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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Parties & counsel

Coram

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