Allowed

Narayan v. State of U.P.

Allahabad HC23 Dec 2022BAIL/59000/2022

Case brief

AI extract

What is this about?

The Single Judge allowed bail to the applicant Narayan in a case under Section 364 IPC, applying the principle from Satendra Kumar Antil. The court held the applicant made out a case for bail, granting release on personal bond with sureties subject to standard conditions.

What did the court decide?

Release on bail with personal bond and two sureties subject to verification and standard conditions.

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

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Court No. - 74

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 59000 of 2022

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Applicant :- Narayan Opposite Party :- State of U.P. Counsel for Applicant :- Chandra Shekhar Kushwaha Counsel for Opposite Party :- G.A.

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Hon'ble Deepak Verma,J.

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Heard learned counsel for the applicant and learned A.G.A. for the State and perused the record.

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The instant bail application has been filed on behalf of the applicant Narayan with a prayer to release him on bail in Case Crime No.160 of 2022, under Section 364 I.P.C., P.S. Thakurdwara, District Mordabad during pendency of the trial.

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It is argued by learned counsel for the applicant that applicant's case is different from co-accused Damppi @ Ranveer. Motorcycle of the informant's husband has been recovered from the house of co-accused Damppi @ Ranveer. It is next submitted that the applicant is innocent and has been falsely implicated in the present case. It is next argued that co-accused Pappu has been granted bail by coordinate Bench of this Court vide order dated 6.12.2022. Learned counsel for the applicant next submits that the applicant having better case for getting bail on account of parity. There is no prospect of trial of the present case being concluded in near future due to heavy dockets. The applicant is not a previous convict. The applicant is languishing in jail since 12.05.2022 and in case he is enlarged on bail he will not misuse the liberty of bail.

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Learned A.G.A. has opposed the bail prayer of the applicant.

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Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and keeping in view the nature of offence, evidence, complicity of accused and without expressing any opinion on the merits of the case and larger mandate of the Article 21 of the Constitution of India, Satendra Kumar Antil Vs. C.B.I. & Another, passed in S.L.P.(Crl.) No. 5191 of 2021 , 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, Narayan, who is involved in the aforesaid case crime, be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further,

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before issuing the release order, the sureties be verified.

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The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.

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The applicant shall cooperate in the trial sincerely without seeking any adjournment.

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The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.

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In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.

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Order Date :- 23.12.2022 SKD

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Digitally signed by :- SURJIT KUMAR DEY High Court of Judicature at Allahabad

Narayan v. State of U.P.

Case brief

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Narayan v. State of U.P.

Case brief

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