Allowed

Bahadur @ Sidharath v. State of U.P. Thru. the Secy. Home Deptt., Lko.

Allahabad HC28 Mar 2023/795/2023

Case brief

AI extract

What is this about?

The High Court allowed the bail application of the applicant charged in a murder, theft and criminal conspiracy case. The court noted the FIR was against unknown persons, co-accused were arrested on a tip-off and released on bail, and the applicant had no criminal history.

What did the court decide?

Applicant Bahadur @ Sidharath released on bail by furnishing personal bond and two sureties.

Bahadur @ Sidharath Vs State of U.P. Thru… — Murder and Culpable Homicide | Allahabad HC (2023)

¶1

Court No. - 16

¶2

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 795 of 2023

¶3

Applicant :- Bahadur @ Sidharath Opposite Party :- State Of U.P. Thru. The Secy. Home Deptt., Lko. Counsel for Applicant :- Nikhil Sonkar,Akhilendra Pratap Singh,Atul Verma,Rajeev Kumar Singh Counsel for Opposite Party :- G.A.

¶4

Hon'ble Subhash Vidyarthi,J.

¶5

Heard Mr. Atul Verma, learned counsel for the applicant, Mr. Vishal Agarwal, learned A.G.A. for the State and perused the records.

¶6

The instant application has been filed seeking release of the applicant on bail in Case Crime No. 45 of 2021, under Sections 302/380/120-B/411 I.P.C., registered at Police Station Cantt., District Lucknow.

¶7

The aforesaid case has been registered on the basis of an F.I.R. lodged on 26.03.2021 alleging that some unknown persons had killed the informant's servant. The police claims to have arrested four persons on the basis of a tip off and it is claimed that in their custodial confessional statements they implicated the applicant also. The aforesaid four accused persons have already been granted bail by this court. The copies of the bail orders have been annexed as Annexure Nos.6 to 9 to the afÏdavit filed in support of bail application. It has further been submitted that one another coaccused Ajay @ Rinku @ Babuji has also been

¶8

granted bail by this Court vide order dated 05.09.2022, passed in Criminal Misc. Bail Application No.8529 of 2022.

¶9

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

¶10

The learned A.G.A. has opposed the prayer for bail but could not dispute the aforesaid aspects of the matter.

¶11

Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the F.I.R. has been lodged against unknown persons; that the police claims to have arrested the co-accused persons on the basis of a tip off and the applicant has been implicated on the basis of their custodial confessional statement and all those accused persons have already been enlarged on bail by this Court; that the applicant has no previous criminal history and he is languishing in jail since 11.04.2021 and without making any observation, which may affect the merits of the case, I am satisfied that the applicant is entitled to be enlarged on bail in the aforesaid case.

¶12

Accordingly, this bail application stands allowed .

¶13

Let the applicant-Bahadur @ Sidharath be released on bail in Case Crime No. 45 of 2021, under Sections 302/380/120-B/411 I.P.C., registered at Police Station Cantt., District

¶14

Lucknow on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:-

¶15

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

¶16

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

¶17

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

¶18

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

¶19

(Subhash Vidyarthi, J.)

¶20

Order Date :- 28.3.2023 Ram.

¶21

Digitally signed by :- RAM SINGH High Court of Judicature at Allahabad, Lucknow Bench

Bahadur @ Sidharath v. State of U.P. Thru. the Secy. Home Deptt., Lko.

Case brief

What is this about?

What did the court decide?

Bahadur @ Sidharath v. State of U.P. Thru. the Secy. Home Deptt., Lko.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Abhay Kumar Shukla Vs State of U.P. Thru. Addl. Chief Secy. Dept. of Home Civil Sect. Lko

Abdul Rahman Vs the State of U.P. Thru.Deptt.of Home Lko. and 3 Others

Shyamu @ Lala Vs State of U.P. Thru. Prin. Secy. Home Lko.

Kesar Baksh Vs State of U.P. Thru. Prin. Secy. Home Deptt., Lko. and 3 Others

Noor Alam Vs State of U.P. Thru. Prin. Secy. Home Lko. and 3 Others

Sonu @ Sameer Vs State of U.P. Thru. Prin. Secy. Home, Lko.