Allowed

Vineet Kumar v. State of U.P. Thru. Prin. Secy., Deptt. of Home Lko.

Allahabad HC4 Apr 2023/822/2023

Case brief

AI extract

What is this about?

This court allowed the bail application of Vineet Kumar in a case involving rioting, hurt, and attempted murder. Relying on the fact that other co-accused were already on bail, the court ordered his release on personal bond and two sureties without evaluating the merits of the charges.

What did the court decide?

Applicant released on bail with directions to furnish a bond and two sureties and adhere to conditions against tampering with evidence and intimidation.

Vineet Kumar 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. - 822 of 2023

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Applicant :- Vineet Kumar Opposite Party :- State Of U.P. Thru. Prin. Secy., Deptt. Of Home Lko.

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Counsel for Applicant :- Ravi Kant Pandey Counsel for Opposite Party :- G.A.,Pankaj Kumar Mishra,Satya Prakash Dubey

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Hon'ble Subhash Vidyarthi,J.

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Heard Sri Ravi Kant Pandey, learned counsel for the applicant and Sri Hari Shankar Maurya, learned AGA for the State and perused the record.

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The present bail application has been filed by the applicant with the prayer to enlarge him on bail in Case Crime No. 42 of 2021, under Sections 147, 148, 323, 324, 504, 506, 302, 307 IPC, Police Station Khanadasa, District Faizabad.

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The aforesaid case has been registered on the basis of an FIR lodged against eight named accused persons, including the applicant, stating that all the accused persons had beaten up the informant's brother-in-law Rama Kant and when the informant's sister and her son tried to intervene they were also beaten up. In the FIR it has been specifically stated that the co-accused Pawan Kumar had assaulted with Pachki and Ramesh Ojha had assaulted with axe and Ashish had assaulted with farsha. Although the FIR states that the applicant has been given a pachki by Sadhu Ram, It has not been specifically stated that the applicant had assaulted with pachki.

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Learned counsel for the applicant has stated that all the other co-accused persons namely Ashish Tiwari, Pawan Kumar Tiwari and Ramesh Ojha have already been granted bail by

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means of orders dated 24.03.2023, 27.02.2023, 12.12.2022 passed in Criminal Misc. Bail Application Nos. 15289 of 2022, 2894 of 2023 & 14013 of 2021 respectively.

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Having considered the aforesaid facts and circumstances of the case, keeping in view that all the co-accused persons have already been granted bail and without making any observation which may affect the merit of the case, I am of the view that the applicant is entitled to be released on bail.

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Accordingly, this bail application is allowed .

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Let the applicant Vineet Kumar be released on bail in Case Crime No. 42 of 2021, under Sections 147, 148, 323, 324, 504, 506, 302, 307 IPC, Police Station Khanadasa, District Faizabad on furnishing a bail bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject o following conditions:-

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(i) the applicant shall not temper 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 :- 4.4.2023 Pradeep/-

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

Vineet Kumar v. State of U.P. Thru. Prin. Secy., Deptt. of Home Lko.

Case brief

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Vineet Kumar v. State of U.P. Thru. Prin. Secy., Deptt. of Home Lko.

Case brief

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What did the court decide?

What the court decided

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