Allowed

Ravi v. State of U.P.

Allahabad HC8 May 2023BAIL/18033/2023

Case brief

AI extract

What is this about?

The Allahabad High Court allowed the bail application filed by Ravi in a criminal case involving Sections 323, 506, and 308 IPC. The court granted bail on the grounds of parity with a co-accused and without opining on the merits of the conviction, subjecting the applicant to a personal bond and sureties.

What did the court decide?

Release of the applicant on bail on furnishing a personal bond and two sureties, subject to conditions against tampering with evidence and committing new crimes.

Ravi Vs State of U.P. — Bail and Remand | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:98232

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Court No. - 88

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 18033 of 2023

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Applicant :- Ravi Opposite Party :- State of U.P. Counsel for Applicant :- Sanjay Kumar Sharma Counsel for Opposite Party :- G.A.

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Hon'ble Ms. Nand Prabha Shukla,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 instant bail application has been filed with a prayer to release the applicant on bail in Case Crime No. 160 of 2020, registered under Sections 323, 506, 308 I.P.C., Police Station Majhola, District Moradabad during pendency of the trial.

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At the very outset, learned counsel for the applicant submits that the applicant claims parity with the coaccused, namely, Sonu, who has been granted bail by co-ordinate Bench of this Court in Criminal Misc. Bail Application No. 35038 of 2021 vide order dated 27.9.2021 and the role of the applicant is same as of the co-accused, hence, the applicant is also entitled for bail on the ground of same footing. He next contended that the applicant is innocent and has been falsely implicated in the present case due to ulterior motive. The applicant is languishing in jail since 23.3.2023. In case, the applicant is released on bail, he will not misuse the liberty of bail and cooperate in trial.

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Learned A.G.A. has opposed the bail prayer of the applicant but he could not dispute the aforesaid facts.

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Considering the entire facts and circumstances of the case as well as submissions made by learned counsel for the parties and without expressing any opinion on

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merits of the case, I find it a fit case for bail.

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In the light of the aforenoted discussion and without making any observations on the merits of the case, the bail application is allowed.

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Let the applicant-Ravi involved in aforesaid crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions that :-

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(i) The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.

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(ii) The applicant shall cooperate in the trial sincerely without seeking any adjournment.

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(iii) The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.

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(iv) 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 him from disclosing such facts to the Court to any police ofÏcer or tamper with the evidence.

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(v) Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.

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

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Order Date :- 8.5.2023 Puspendra

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Digitally signed by :- PUSPENDRA NARAYAN SINGH High Court of Judicature at Allahabad

Ravi v. State of U.P.

Case brief

What is this about?

What did the court decide?

Ravi v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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