Allowed

Neeraj v. State of U.P.

Allahabad HC5 Mar 2022BAIL/44790/2018

Case brief

AI extract

What is this about?

The High Court allowed a bail application filed by Neeraj in a case involving murder and extortion under IPC sections 302, 364, and 201. The court held that the applicant's role was identical to a co-accused who had already been enlarged on bail, thus making out a case for bail.

What did the court decide?

Applicant released on bail furnishing a personal bond and two sureties in the like amount to the satisfaction of the court concerned.

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

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Court No. - 90

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 44790 of 2018

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Applicant :- Neeraj Opposite Party :- State of U.P. Counsel for Applicant :- Pramod Kumar,Harish Chandra Counsel for Opposite Party :- G.A.

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Hon'ble Mrs. Sadhna Rani (Thakur),J.

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

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This application has been moved by the applicant seeking bail in case crime no. 164 of 2016, under sections 302, 364, 201 I.P.C. police station Tronika City District Ghaziabad.

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It has been argued by the learned counsel for the applicant that the role of the applicant is identical to that of co-accused Saubabh who has been enlarged on bail by a coordinate bench of this court on 3.7.2017. There is no independent witness of the alleged incident. Only on the basis of his confessional statement, he has been falsely implicated in this case. There is no criminal history of the applicant. The applicant is languishing in jail from 10.2.2016.

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On the other hand, the learned A.G.A. has opposed the prayer for bail but could not dispute the fact that the role of the present accused is identical to the role of co-accused Saurabh who has been enlarged on bail by a coordinate bench of this court.

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The statement on the basis of which the present accused is said to have been implicated in the offence is appended at page '27' of the paper book wherein the present accused has admitted that after administering liquor to Arunpal, when (Arunpal) reached in an inebriated condition on the behest of Saurabh, the coaccused Subhash, Sanni and present accused caught hold of Arunpal and Saurabh strangulated the deceased to death and all the accused persons threw Arunpal into a drain. The bail order of co-accused Saurabh has been appended at page '47' of the paper book. The case of the present accused stands on the same footing.

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Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties, nature of evidence and all attending facts and circumstances of the case, 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 Neeraj involved in case crime no. 164 of 2016, under sections 302, 364, 201 I.P.C. police station Tronika City District Ghaziabad, be released on bail on furnishing a personal bond and two sureties each in the like amount to

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the satisfaction of the court concerned subject to following conditions:

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The applicant shall not tamper with the evidence during the trial.

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2.The applicant shall not pressurize/ intimidate the prosecution witness.

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3.The applicant shall appear before the trial court on the date fixed, unless personal presence is exempted.

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The applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.

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5.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 them from disclosing such facts to the Court or to any police officer or tamper with the evidence.

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In case of breach of any of the above condition, the Court below shall be at liberty to cancel bail of applicant in accordance with law.

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Order Date :- 5.3.2022

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Gss

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Digitally signed by GIRAJA SHANKER SHARMA Date: 2022.03.07 17:48:25 IST Reason: Location: High Court of Judicature at Allahabad

Neeraj v. State of U.P.

Case brief

What is this about?

What did the court decide?

Neeraj v. State of U.P.

Case brief

What is this about?

What did the court decide?

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