Allowed

Raja Kumar v. State of U.P.

Allahabad HC26 Jul 2022BAIL/7816/2022

Case brief

AI extract

What is this about?

The High Court allowed a bail application filed by a 19-year-old student accused of attempted murder. Balancing his youth and clean record against the severity of charges, the court granted bail subject to standard conditions including a bond and sureties.

What did the court decide?

Application allowed; applicant released on bail upon furnishing personal bond and two sureties subject to conditions against tampering and influencing witnesses.

Raja Kumar 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. - 7816 of 2022

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Applicant :- Raja Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Ram Bahadur Singh, Shatrunjay Singh Counsel for Opposite Party :- G.A.

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Hon'ble Subhash Vidyarthi,J.

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1.Heard Sri Rajesh Kumar Singh, Advocate holding brief of Sri Shatrunjay Singh, the learned counsel for the applicant, Sri Dinesh Kumar Srivastava, the learned Additional Government Advocate and perused the record.

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2.The instant application has been filed seeking release of the applicant on bail in Case Crime No. 961 of 2021, under Section 307 IPC, Police Station NOIDA Sector-39, District Gautambudhnagar during pendency of the trial in the Court below.

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3.The aforesaid case has been registered on the basis of an F.I.R. lodged by the informant alleging that his brother-in-law (sala) is in a relation with one Smt. Rinki which is not liked by her son (applicant). On 21.12.2021 at 7:00 a.m. when the aforesaid person had visited the house of the lady, her son (applicant) stabbed him with intention to kill him.

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4.A copy of the statement of the injured person has been filed alongwith supplementary affidavit in which he stated that he used to visit the place of Smt. Rinki. On the date of incident, when the injured had visited Rinki's place, her son (applicant) was present there and he suddenly got angry and he attacked him with a knife.

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5.In the affidavit filed in support of the bail application, it has been stated that the applicant is aged about 19 years and he is a student of Class-XI and that he has no criminal history. The affidavit contains a categorical undertaking that in case the applicant is released on bail, he will not misuse the liberty and he shall not tamper with the prosecution evidence and the applicant is languishing in jail since 21.12.2021.

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

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7.Having regard to the aforesaid facts and submissions and keeping in view the young age of the applicant, I am of the view that the applicant is entitled to be released on bail in the aforesaid case.

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

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9.Let the applicant Raja Kumar be released on bail in Case Crime No. 961 of 2021, under Section 307 IPC, Police Station NOIDA Sector-39, District Gautambudhnagar 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 applicant will not tamper with the evidence during the trial.

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(ii) The applicant will not influence any witness.

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

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(iv) The applicant 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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10.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 :- 26.7.2022

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Jaswant

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Digitally signed by JASWANT KUMAR Date: 2022.07.28 11:30:44 IST Reason: Location: High Court of Judicature at Allahabad

Raja Kumar v. State of U.P.

Case brief

What is this about?

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Raja Kumar v. State of U.P.

Case brief

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