Allowed

Pratyush Kumar v. State of U.P. Thru. Prin. Secy. Home Civil Secrt. Lko.

Allahabad HC14 Mar 2023/673/2023

Case brief

AI extract

What is this about?

The applicant sought bail in a case concerning attempt to commit suicide alleging a love affair. The court noted the post-mortem report did not support allegations of physical abuse and granted bail after the State could not dispute available facts.

What did the court decide?

Applicant released on bail with two sureties subject to conditions including non-tampering with evidence and appearing in court.

Pratyush Kumar Vs State of U.P. Thru. Prin. Secy. Home… — Bail and Remand | Allahabad HC (2023)

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Court No. - 16

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 673 of 2023

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Applicant :- Pratyush Kumar Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Civil Secrt. Lko. Counsel for Applicant :- Uttam Kumar Awasthi,Avinash Kumar Srivastava

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Counsel for Opposite Party :- G.A.

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Hon'ble Subhash Vidyarthi,J.

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Heard Sri Uttam Kumar Awasthi, the learned counsel for the applicant and Sri Sanjay Srivastava, learned A.G.A. for the State and perused the record.

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The instant application has been filed seeking release of the applicant on bail in Case Crime No. 584 of 2022, under Section 306 I.P.C., registered at Police Station Pihani, District Hardoi.

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The aforesaid case has been registered on the basis of the First Information Report lodged against the applicant, his brother and his mother, stating that the informant's daughter was having a love affair with the applicant; that the applicant made physical relations with the informant's daughter, thereafter he declined to take her with him due to which reason the informant's daughter committed suicide after writing a suicide note.

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In the affidavit filed in support of the bail application, it has been stated that the applicant is innocent and he has been falsely implicated in the present case, he has no criminal history and he is languishing in jail since 28.09.2022.

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A copy of the postmortem examination report annexed with the affidavit does not support the allegations of physical abuse. A printout of whatsapp chat between the applicant and the victim spanning over a considerable period indicates that the applicant had repeatedly asked the victim not to communicate with her.

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Learned A.G.A. has opposed the prayer for bail but he could not dispute the aforesaid facts.

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Keeping in view, the aforesaid facts and without making any observation which may affect the merits of the case, I am of the view that the aforesaid facts are sufficient for enlarging the applicant on bail in the aforesaid case.

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Accordingly, this bail application stands allowed .

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Let the applicant Pratyush Kumar, be released on bail in Case Crime No. 584 of 2022, under Section 306 I.P.C. registered at

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Police Station Pihani, District Hardoi on 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 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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Order Date :- 14.3.2023 Preeti.

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Digitally signed by :- PREETI GAUTAM High Court of Judicature at Allahabad, Lucknow Bench

Pratyush Kumar v. State of U.P. Thru. Prin. Secy. Home Civil Secrt. Lko.

Case brief

What is this about?

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Pratyush Kumar 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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