Allowed

Mukesh Kumar v. State of U.P.

Allahabad HC2 Mar 2022BAIL/5623/2022

Case brief

AI extract

What is this about?

In a bail application, the court observed that the co-accused had already been released on bail. Without expressing an opinion on the merits, the court held that the applicant had made out a case for bail and allowed the application.

What did the court decide?

Release on bail furnishing a personal bond and two sureties each, subject to conditions of not tampering with evidence or witnesses.

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

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Court No. - 90

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5623 of 2022

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Applicant :- Mukesh Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Mithilesh Kumar Shukla 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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It has been argued by learned counsel for the applicant that applicant is innocent and he has been falsely implicated in the present case due to enmity. The applicant is said to be the driver. He is not owner of the said vehicle. He has no concern with the aforesaid incident. The applicant is languishing in jail from 26.12.2021 having no criminal history. In case, the applicant is released on bail, he will not misuse the liberty of bail and will cooperate in trial. It has further been submitted that co-accused Daudayal has already been released on bail by a coordinate bench of this court. Said Daudayal is said to have loaded food grain in the truck. Present accused is said to be the driver of the truck.

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On the other hand learned A.G.A. has opposed the prayer for bail but did not dispute the fact that co -accused has already been released on bail.

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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 Mukesh Kumar involved in Case Crime No.288 of 2021, under Section 3/7 E.C.Act and Sections 420, 467, 468, 471 IPC, police station Malpura, District Agra, be released on bail on furnishing a personal bond and two sureties each in the like amount to 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 :- 2.3.2022

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Gss

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Digitally signed by GIRAJA SHANKER SHARMA Date: 2022.03.04 17:39:01 IST Reason: Location: High Court of Judicature at Allahabad

Mukesh Kumar v. State of U.P.

Case brief

What is this about?

What did the court decide?

Mukesh 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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