Allowed

Jamuna Prasad v. State of U.P. Thru. Prin. Secy. Home Civil Secrt. Lko.

Allahabad HC20 Mar 2023/1628/2023

Case brief

AI extract

What is this about?

This bail application was disposed of in favor of the applicant, who was released on personal bond and two sureties under the condition not to tamper with evidence or witnesses, in a case involving assault and culpable homicide.

What did the court decide?

The applicant is released on bail subject to furnishing a personal bond and two sureties and appearing on fixed dates.

Jamuna Prasad Vs State of U.P. Thru. Prin… — Murder and Culpable Homicide | Allahabad HC (2023)

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Court No. - 16

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1628 of 2023

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Applicant :- Jamuna Prasad

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Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Civil Secrt. Lko. Counsel for Applicant :- Pradeep Kumar Shukla

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Counsel for Opposite Party :- G.A.,Umeshwar Pratap Pandey

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Hon'ble Subhash Vidyarthi,J.

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Heard Sri Pradeep Kumar Shukla, learned counsel for the applicant, and Sri Hari Shankar Maurya, learned Addl. Govt. Advocate for the State.

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By means of the instant application, the applicant Jamuna Prasad S/o Sri Mangru Prasad seeks bail in Case Crime No. 384 of 2020, under sections 304, 323, 504 IPC, P.S. Chhapiya, District Gonda.

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Initially a non-cognizable report (NCR) was registered on 7.9.2022 on the basis of an information given by one Sonu that on 2.9.2020 four named accused persons, including the applicant, had beaten him with kicks and fists. The informant was medically examined and his medico-legal examination report mentions complaint of pain over left leg and pain in back area and chest and the duration of pain was told to be about one week old.

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Subsequently one Harish Chandra, brother of informant Sonu, gave an information that on 3.9.2020 the accused persons had beaten up Sonu; that on 7.9.2020 Sonu started feeling some problems due to which he was taken to Faizabad where he died.

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The postmortem examination report of the deceased mentions some contusions and swellings on his body and the cause of death has been opined to be 'haemorrhage and shock'.

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Thereafter the NCR was converted into and FIR on 11.10.2020.

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In the affidavit filed in support of the bail application it has been stated that the applicant is innocent, he has been falsely implicated in the present case and that he has no criminal history.

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Having considered the facts and circumstances of the case and keeping and view the fact that although the incident is alleged to have taken place on 2.9.2020, initially a noncognizable report was submitted by the victim himself; that he had assigned general roles against all the accused persons stating that they had beaten him up with kicks and fists; that the victim was taken for treatment on 7.9.2020 after lodging of the NCR and apparently he was not treated promptly; and also that the applicant has no previous criminal history and he is languishing in jail since 1.10.2022 I am of the view that the applicant is entitled to be released on bail.

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Accordingly, this bail application stands allowed .

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Let the applicant Jamuna Prasad S/o Sri Mangru Prasad be released on bail in the aforesaid Case Crime No. 384 of 2020, under sections 304, 323, 504 IPC, P.S. Chhapiya, District Gonda, on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of Magistrate/Court concerned, subject to following conditions:-

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(i) the applicant shall not tamper with the prosecution evidence;

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(ii) the applicant shall not pressurize the prosecution witnesses;

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(iii) the applicant shall appear on each and every date fixed by

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the trial court.

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In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court.

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( Subhash Vidyarthi, J. )

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Order Date :- 20.3.2023 A.Nigam

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Digitally signed by :- ANUJ NIGAM High Court of Judicature at Allahabad, Lucknow Bench

Jamuna Prasad v. State of U.P. Thru. Prin. Secy. Home Civil Secrt. Lko.

Case brief

What is this about?

What did the court decide?

Jamuna Prasad v. State of U.P. Thru. Prin. Secy. Home Civil Secrt. Lko.

Case brief

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What did the court decide?

What the court decided

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