Allowed

Vivek @ Rahul v. State of U.P. Thru. Prin. Secy. Home Lko.

Allahabad HC30 May 2023/1583/2023

Case brief

AI extract

What is this about?

This criminal miscellaneous bail application was allowed. The court found it a fit case for bail without commenting on the merits, directing the release of the applicant on personal bond and two sureties subject to specific conditions.

What did the court decide?

Release granted on personal bond and two sureties subject to conditions of not tampering with evidence, attending court, and not indulging in unlawful activities.

Vivek @ Rahul Vs State of U.P. Thru. Prin. Secy. Home Lko. — Bail and Remand | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC-LKO:39010

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Court No. - 31

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1583 of 2023

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Applicant :- Vivek @ Rahul Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Vimal Kishor Singh,Mansi Gupta Counsel for Opposite Party :- G.A.

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Hon'ble Vipin Chandra Dixit,J.

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Heard Ms. Mansi Gupta, learned counsel for the applicant, learned AGA for the State and perused the material on record.

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Learned counsel for the applicant has submitted that the applicant is innocent and has been falsely implicated in this case. The applicant was not named in the F.I.R. and his name was surfaced during investigation. During investigation the injured could not identified the person who caused gun shot injury to him. The criminal history of the applicant has been explained in para 19 of the affidavit filed in support of this application. He next submits that the applicant is in jail since 20.7.2022 and if he is released on bail, he will not misuse the liberty of bail.

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Learned AGA for the State vehemently opposed the prayer of bail.

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Upon hearing the learned counsel for the parties and upon the perusal of the record and considering the complicity of accused, severity of punishment as well as totality of facts and circumstances, at this stage, without commenting on the merits of the case, I find it a fit case for bail. The bail application is allowed.

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Let applicant- Vivek @ Rahul be released on bail in Case Crime No. 287 of 2022, under Sections 307, 398 IPC, registered at P.S. Bangarmau, District Unnao, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of Magistrate/Court concerned, subject to the following conditions:

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(i) The applicant will not tamper with prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever.

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(ii) The applicant will abide by the orders of the court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever.

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(iii) The applicant will not indulge in any unlawful activity.

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(iv) The applicant will not misuse the liberty of bail in any manner whatsoever.

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The identity, status and residential proof of sureties will be verified by the court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.

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Order Date :- 30.5.2023 Kpy

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Digitally signed by :- KAVLESHWAR PRASAD YADAV High Court of Judicature at Allahabad, Lucknow Bench

Vivek @ Rahul v. State of U.P. Thru. Prin. Secy. Home Lko.

Case brief

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Vivek @ Rahul v. State of U.P. Thru. Prin. Secy. Home Lko.

Case brief

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What did the court decide?

What the court decided

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