Allowed

Kamal v. State of U.P.

Allahabad HC21 Apr 2022BAIL/6228/2022

Case brief

AI extract

What is this about?

The High Court granted bail to the applicant in a criminal trial concerning culpable homicide. The court considered the applicant's alleged passive role, the sudden nature of the incident, and lack of criminal antecedents while ensuring strict bail conditions.

What did the court decide?

Applicant Kamal released on bail requiring personal bond, two sureties in like amount, and adherence to attendance and non-interference conditions.

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

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Court No. - 84

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6228 of 2022

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Applicant :- Kamal Opposite Party :- State of U.P. Counsel for Applicant :- Ashok Kumar Singh Bais Counsel for Opposite Party :- G.A.

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Hon'ble Ajit Singh,J.

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

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By means of this application, the applicant who is involved in Case Crime No. 452 of 2021, under section 304 I.P.C., P.S. Qutubsher, districtSaharanpur, is seeking enlargement on bail during the trial.

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The first information report was lodged by the informant against the present accused and other co-accused Sawan. It was alleged that on 9.12.2021 at about 8:00 O'clock in the night when the younger brother of the informant was standing outside his house at Chowk, the present accused and other co-accused Sawan were also standing there along with their motorcycle. Suddenly the hand of the brother of the informant collided with the motorcycle of co-accused Sawan and the motorcycle fell down and due to falling, the wiser of the motorcycle had broken, following which, the present accuse and other co-accused had assaulted the brother of the informant with danda on his head, causing serious injuries to him and since then his treatment was going on but on 17.12.2021 he died.

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Learned counsel for the applicant submits that although in the first information report general role of assaulting the deceased with danda has been assigned to applicant and the other co-accused Sawan. However, the witnesses Smt. Koshal, Smt. Kamlesh and Vikram Yadav in their statements recorded under section 161 Cr.P.C. (Annexure-4) have attributed the role of assaulting the deceased with danda to co-accused, Sawan and the only role which has been assigned to the applicant is that he was standing at the place of occurrence and to that extent the applicant's role is clearly distinguishable. Further submission is that the applicant has not played any active role in the commission of crime, in which the brother of the informant has died. Neither the incident was

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preplanned nor premeditated but was a result of sudden altercation at the spur of moment. He lastly submits that the applicant, who is in jail since 19.12.2021 and has no criminal antecedents to his credit is entitled to be enlarged on bail during pendency of the trial.

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The prayer for bail has been vehemently opposed by learned A.G.A.

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Keeping in view the nature of the offence, evidence, complicity of the accused, severity of the punishment, submissions of learned counsel for the parties, considering the statements of the witnesses, considering the facts and circumstances of the case and without expressing any opinion on the merits of the case, this Court is of the view that the applicant is entitled to be enlarged on bail during the pendency of the trial.

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Let the applicant, Kamal be released on bail in the aforesaid case on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned subject to the following conditions:-

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(a) The applicant shall attend the court according to the conditions of the bond executed by him.

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(b) 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 him from disclosing such facts to the Court or to any police officer or tamper with the evidence.

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It is further directed that the identity, status and residence proof of the sureties be verified by the authorities concerned before they are accepted.

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In case of breach of any of the above conditions, the trial court will be at liberty to cancel the bail.

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Order Date :- 21.4.2022 Faridul

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Digitally signed by FAREEDUL HASAN Date: 2022.04.26 13:25:12 IST Reason: Location: High Court of Judicature at Allahabad

Kamal v. State of U.P.

Case brief

What is this about?

What did the court decide?

Kamal v. State of U.P.

Case brief

What is this about?

What did the court decide?

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