Himanshu v. State of U.P.
Case brief
What is this about?
The Allahabad High Court disposed of a bail application filed by Himanshu in a murder and mischief case. The court allowed the application, permitting release on bail with conditions pending trial.
What did the court decide?
Release on bail on furnishing a personal bond and two sureties subject to conditions regarding witness tampering and court attendance.
What the court decided
Neutral Citation No. - 2023:AHC:112762
Court No. - 79
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 10356 of 2023
Applicant :- Himanshu Opposite Party :- State of U.P. Counsel for Applicant :- Ravikar Pandey,Pramod Kumar Singh Counsel for Opposite Party :- G.A.,Akash Tyagi
Hon'ble Mayank Kumar Jain,J.
Compliance affidavit filed by learned AGA is taken on record.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
The present bail application has been filed on behalf of applicant in Case Crime No. 438 of 2021, under Sections 302, 427 of IPC, Police Station Noorpur, District Bijnor with the prayer to enlarge the applicant on bail.
It has been argued by learned counsel for the applicant that applicant is innocent and he has been falsely implicated in the present case. The applicant is not named in the first information report. The name of the applicant was disclosed by witness Satish, who is alleged to be eye witness of the incident and allegation of only 'Marpeet' is levelled against the applicant and other accused persons. It is further submitted that co-accused Anil Kumar and Robin Kumar have already been granted bail by co-ordinate Bench of this Court vide order dated 13.07.2022 and 14.07.2022 in Criminal Misc. Bail Application No.15824 of 2022 and 17405 of 2022 respectively, copies of which are already annexed to this application. It is further submitted that only general allegations are levelled against all the accused persons. It is further submitted that applicant is languishing in jail since 19.01.2023 having no criminal history and that in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
Issues for consideration
2 issues framed by the court
Whether the applicant is entitled to be enlarged on bail in an offense under Sections 302 and 427 of IPC.
Whether the facts held are for the reasons of the concern.
Parties & counsel
- applicant
Himanshu
- respondent
State of U.P.
Coram
Mayank Kumar Jain
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · May
- Registered
- Case no.
- BAIL/10356/2023
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