Allowed

Preeti v. State of U.P.

Allahabad HC2 Feb 2023BAIL/1271/2023

Case brief

AI extract

What is this about?

The High Court of Judicature at Allahabad disposed of a bail application by Preeti, an accused in a case involving murder and affray. The Court allowed bail subject to standard conditions without expressing an opinion on the merits of guilt or innocence.

What did the court decide?

Bail allowed on personal bond and two heavy local sureties subject to conditions not to tamper with evidence or intimidate witnesses.

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

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Court No. - 79

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1271 of 2023

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Applicant :- Preeti Opposite Party :- State of U.P. Counsel for Applicant :- Krishna Pratap Yadav,Chandra Bhushan Yadav

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Counsel for Opposite Party :- G.A.

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Hon'ble Dr. Gautam Chowdhary,J.

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

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The F.I.R. has been lodged against as many as 11 persons including the applicant. He further submits all the witnesses of fact have not assigned any specific role to the applicant. He next submits that the applicant has been named merely on the ground of suspicion and that there is no concrete evidence against the applicant. It has been argued by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. He thus submits that no offence against the applicant is made out. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed before the Court. The circumstances which, according to the counsel, led to the false implication of the accused have also been mentioned. It has also been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required and is also ready to accept all the conditions which the Court may deem fit to impose upon him. He next submits that applicant is languishing in jail since 12.09.2022, having no criminal history. 3. Per contra, learned A.G.A. has opposed the prayer for bail of the applicant by contending that the innocence of the applicant

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cannot be adjudged at pre trial stage, therefore, he does not deserve any indulgence. In case the applicant is released on bail he will again indulge in similar activities and will misuse the liberty of bail.

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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, this Court is of the view that the applicant has made out a case for bail. Hence the bail application is allowed.

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Let applicant Preeti involved in Case Crime No. 101 of 2022 under Sections 147, 148, 302, 324, 504 I.P.C., Police Station Kudhfatehgadh District Sambhal, be released on bail on furnishing a personal bond and two heavy local sureties each of the like amount to the satisfaction of the court concerned subject to the following conditions:-

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A. The applicant shall not tamper with the evidence during the trial.

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B. The applicant shall not pressurize/ intimidate the prosecution witness.

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C. The applicant shall appear before the trial court on the date fixed, unless personal presence is exempted.

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D. The applicant shall not commit an offence similar to the offence of which he is an accused, or suspected, of the commission of he is suspected.

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E. The applicant 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 them from disclosing such facts to the Court or to any police officer or tamper with the evidence.

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In case of breach of any of the above condition, the trial Court

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shall be at liberty to cancel the bail of the applicant in accordance with law.

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Order Date :- 2.2.2023 S.Ali

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Digitally signed by :- SHAUKAT ALI High Court of Judicature at Allahabad

Preeti v. State of U.P.

Case brief

What is this about?

What did the court decide?

Preeti v. State of U.P.

Case brief

What is this about?

What did the court decide?

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