Allowed

Kunwar Sen and Another v. State of U.P.

Allahabad HC17 Mar 2023BAIL/10029/2023

Case brief

AI extract

What is this about?

In bail application No. 10029 of 2023 arising from Crime No. 340 of 2020 involving alleged assault and criminal intimidation, the High Court at Allahabad allowed the bail application without expressing an opinion on the merits of the criminal charge.

What did the court decide?

Applicants released on bail on furnishing personal bond and two sureties each, subject to standard conditions and liberty to prosecution to move for cancellation on breach.

Kunwar Sen and Another Vs State of U.P. — Murder and Culpable Homicide | Allahabad HC (2023)

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Court No. - 59

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 10029 of 2023

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Applicant :- Kunwar Sen And Another Opposite Party :- State of U.P. Counsel for Applicant :- Virendra Singh Yadav Counsel for Opposite Party :- G.A.

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Hon'ble Manish Kumar Nigam,J.

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Heard learned counsel for the applicants, learned A.G.A. for the State and perused the record.

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The present bail application has been filed on behalf of applicants in Case Crime No. 340 of 2020, under Sections 308, 323, 504 IPC, Police Station Bhuta, District Bareilly with the prayer to enlarge the applicant on bail.

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It has been contended by learned counsel for the applicants that applicants are innocent and have been falsely implicated in the present case. It is further contended that as per the version of the FIR and the statement of victim general role is assigned to all the accused persons. As per medical report only one lacerated wound has been found on forehead front and it can not ascertained as to which accused caused the said injury. It is further contended that there is no criminal history of the applicant and co-accused Jitendra has been granted bail by a coordinate Bench of this Court, vide order dated 05.02.2021, in Criminal Misc. Bail Application No. 3276 of 2021. Copy of bail order dated 05.02.2021 is at page 32 of the paper-book. It is further submitted that applicants are languishing in jail since 01.02.2023 and in case they are released on bail, they will not misuse the liberty of bail and will cooperate in trial.

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Per contra, Sri Suresh Bahadur Singh, learned Additional Government Advocate has opposed the prayer for grant of bail but on instructions he could not deny the fact that the coaccused Jitendra has been granted bail by coordinate Bench of this Court and the applicant has no criminal history.

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Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties, nature of evidence and all attending facts and circumstances of the case, without expressing any opinion on merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.

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Let the applicants Kunwar Sen and Pratap in the aforesaid crime be released on bail on furnishing a personal bond and two

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sureties each in the like amount to the satisfaction of court concerned subject to the following conditions:

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(1). The applicants will not tamper with the prosecution evidence during the trial.

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(2). The applicants will not influence any witness.

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(3). The applicants will appear before the trial Court on the date fixed, unless personal presence is exempted.

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(4). The applicants shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court to any police officer or tamper with the evidence.

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

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Order Date :- 17.3.2023

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v.k.updh.

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Digitally signed by :- VINOD KUMAR UPADHYAY High Court of Judicature at Allahabad

Kunwar Sen and Another v. State of U.P.

Case brief

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Kunwar Sen and Another v. State of U.P.

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