Allowed

Sunil Kumar and Another v. State of U.P.

Allahabad HC14 Dec 2022BAIL/41084/2022

Case brief

AI extract

What is this about?

The High Court allowed the bail application of Sunil Kumar and Mukesh in a criminal trial involving assault and IPC offences. The court noted lack of specific incriminating evidence against applicants in investigation statements and their clean criminal record.

What did the court decide?

Applicants released on bail on personal bond and two sureties each under prescribed conditions.

Sunil Kumar and Another 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. - 41084 of 2022

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Applicant :- Sunil Kumar And Another Opposite Party :- State of U.P. Counsel for Applicant :- Arvind Kumar,Sunil Kumar Singh Counsel for Opposite Party :- G.A.,Raj Kumar Sharma

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Hon'ble Subhash Vidyarthi,J.

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Heard Sri Arvind Kumar Srivastava, the learned counsel for the applicants, Sri Dinesh Kumar Srivastava, the learned Additional Government Advocate and perused the record.

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The instant application has been filed seeking release of the applicants on bail in Case Crime No. 110 of 2020, under Sections 147, 323, 504, 506, 308 IPC, Police Station Holagarh, District Allahabad during pendency of the trial in the Court below.

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The aforesaid case has been registered on the basis of an F.I.R. lodged on 21.05.2020 against nine accused persons, including the applicants and his father, three brothers and other family members, stating that the informant and the accused persons belong to the same family and due to some land dispute, all the accused persons had beaten up the informant's brother and nephew.

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The medico legal examination reports of Nanku Ram, Ram Naresh and Sanjay Kumar have been annexed with the affidavit indicate that Ram Naresh and Sanjay Kumar had suffered simple injuries but Naresh Kumar had suffered grievous injuries on his head and he had to remain in the hospital for several months.

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During investigation, the statements of several persons have been recorded, all of whom reiterated the F.I.R. version.

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In the affidavit filed in support of the bail application, it has been stated that the applicants are innocent and they have been falsely implicated in the present case and that they have no criminal history.

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The applicants are languishing in jail since 16.07.2022.

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Per contra, the learned Additional Government Advocate has opposed the prayer for grant of bail.

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Having considered the aforesaid facts and circumstances and keeping in view the fact that the F.I.R. contains general allegations against all the accused persons and no specific role has been assigned to any of the applicants in the statements of the witnesses recorded during investigation, coupled with the fact that the applicants have no criminal history, I am of the view that the applicants are entitled to be released on bail.

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In light of the preceding discussion and without making any observation on the merits of the case, the instant bail application is allowed .

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Let the applicants Sunil Kumar and Mukesh be released on bail in Case Crime No. 110 of 2020, under Sections 147, 323, 504, 506, 308 IPC, Police Station Holagarh, District Allahabad on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court below, subject to the following conditions:-

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

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(ii) The applicants will not influence any witness.

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

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(iv) The applicants 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 before this Court seeking cancellation of the bail.

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Order Date :- 14.12.2022

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Jaswant

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Digitally signed by JASWANT KUMAR Date: 2022.12.15 18:08:44 IST Reason: Location: High Court of Judicature at Allahabad

Sunil Kumar and Another v. State of U.P.

Case brief

What is this about?

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Sunil Kumar and Another v. State of U.P.

Case brief

What is this about?

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