Allowed

Samujh Yadav @ Ramsamujh v. State of U.P. thr. Prin. Secy. (Home) Govt. of U.P.

Allahabad HC12 May 2023BAIL/18522/2023

Case brief

AI extract

What is this about?

Single judge granted bail to applicant accused of attempt to murder. Court noted false implication petition and parity with co-accused releasing applicant on bond with two sureties.

What did the court decide?

Release on bail with personal bond and two sureties subject to conditions preventing tampering, ensuring court attendance, no unlawful activities, and no misuse of liberty.

Samujh Yadav @ Ramsamujh Vs State of U.P… — Murder and Culpable Homicide | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:110848

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Court No. - 86

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 18522 of 2023

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Applicant :- Samujh Yadav @ Ramsamujh Opposite Party :- State Of U.P. Thr. Prin. Secy. (Home) Govt. Of U.P.

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Counsel for Applicant :- Shitlesh Pandey,Anil Kumar Yadav Counsel for Opposite Party :- G.A.,Manoj Kumar Singh,Sujan Singh

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Hon'ble Vivek Kumar Singh,J.

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Heard learned counsel for the applicant and Shri Mithilesh Kumar, learned A.G.A. appearing for the State and perused the record.

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It has been contended by the learned counsel for the applicant that the applicant has been falsely implicated in the present case due to ulterior motive. It is next contended that F.I.R. has been lodged against 13 accused persons including applicant and general role of assault has been assigned to the applicant. It is further submitted that no specific role has been assigned to the applicant. It is further submitted that co-accused Shivam @ Chunnu has been granted bail by the coordinate Bench of this Court vide order dated 02.05.2023 passed in Criminal Misc. Bail Application No. 19587 of 2023 and applicant is also entitled for bail on the ground of parity. It is further submitted that ingredients of offences are absent and entire prosecution story is based on false and frivolous allegations. It is further submitted that trial is not likely to be concluded in near future. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed forth before the Court. The circumstances which, according to the counsel, led to the false implication of the accused has also been touched upon at length. It has 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. It has also been submitted that the applicant is languishing in jail since 03.03.2023 and he has no criminal history.

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Learned A.G.A. has vehemently opposed the prayer for bail and has submits that prima facie offence against the accused applicant is made out and in case applicant is release on bail, he will misuse the liberty of bail, but, he could not disputed the

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aforesaid facts.

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Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and keeping in view the nature of offence, evidence, complicity of accused, looking to the uncertainty in conclusion of trial, grant of bail to the co-accused and without expressing any opinion on the merits of the case and the law laid down by the Apex Court in Satendra Kumar Antil Vs. C.B.I. & Another, passed in S.L.P. (Crl.) No. 5191 of 2021 , 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 applicant Samujh Yadav @ Ramsamujh involved in Case Crime No. 604 of 2022, under Sections 307 I.P.C., Police Station Muhammadabad , District Mau be released on bail on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions.

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(i) The applicant will not tamper with prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever.

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(ii) The applicant will abide the orders of court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever.

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(iii) The applicant will not indulge in any unlawful activities.

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(iv) The applicant will not misuse the liberty of bail in any manner whatsoever.

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The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.

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Order Date :- 12.5.2023

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Bhanu

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Digitally signed by :- BHANU PRATAP KUSHWAHA High Court of Judicature at Allahabad

Samujh Yadav @ Ramsamujh v. State of U.P. thr. Prin. Secy. (Home) Govt. of U.P.

Case brief

What is this about?

What did the court decide?

Samujh Yadav @ Ramsamujh v. State of U.P. thr. Prin. Secy. (Home) Govt. of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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