Allowed

Akash Bihari v. State of U.P.

Allahabad HC18 May 2023BAIL/19211/2021

Case brief

AI extract

What is this about?

In a bail application under IPC sections 147, 148, 149, 302, 34, and 506, the court granted bail to the applicant, finding that a prima facie case for bail was made out based on the applicant's absence at the scene and lack of incriminating evidence.

What did the court decide?

Bail released on a personal bond and two local and heavy sureties subject to conditions regarding evidence tampering and witness influence.

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

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Neutral Citation No. - 2023:AHC:109423

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Court No. - 79

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 19211 of 2021

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Applicant :- Akash Bihari Opposite Party :- State of U.P. Counsel for Applicant :- Shahabuddin,Anjit Kumar Verma Counsel for Opposite Party :- G.A.,Syed Ali Imam

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Hon'ble Mayank Kumar Jain,J.

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

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The present bail application has been filed on behalf of applicant in Case Crime No. 972 of 2020, under Sections 147, 148, 149, 302, 34, 506 I.P.C., Police Station Vijay Nagar, District Ghaziabad with the prayer to enlarge the applicant on bail.

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It is submitted by learned counsel for applicant that applicant is innocent and has not committed any offence as alleged in the first information report. It is submitted that the informant Aniket Joshi is not the eye witness of the incident. The eye witness, who happens to be daughter of the deceased-Vikram Joshi has given her statement to the Investigating Officer that the persons who attacked with the firearm weapons on their father were not identified by them. It is also submitted that at the time of incident the applicant was not present at the place of occurrence since he was working at Delhi Railway Station Godown. It was also certified by the Investigating Officer that on the basis of conspiracy made the applicant, his name has been included in the present case. Nothing incriminating has been recovered either on the pointing out or from the possession of the applicant. No motive has been assigned to the applicant to commit such crime. It is also submitted that in the supplementary affidavit criminal history of the applicant has been duly explained. Learned counsel for applicant lastly submits that applicant is in jail since 06.08.2020 having no criminal history and that in case applicant is enlarged on bail, applicant will not misuse the liberty of bail.

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Per contra learned A.G.A. assisted by learned counsel for the informant vehemently opposed the prayer for bail and submitted that the deceased Vikram Joshi was done to death in front of his two daughters. The applicant is named in the first

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information report. It is further submitted that the fact of plea of alibi has to be considered at the appropriate stage. It is also submitted that the bail application of Shahnoor has been rejected.

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Considering the submissions made by learned counsel for applicant as well as learned A.G.A. and without expressing any opinion on the merits of the case, at this stage, prima facie , a case for bail has been made out.

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The prayer for bail is granted. The application is allowed.

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Let applicant, Akash Bihari , involved in the aforesaid crime be released on bail on furnishing a personal bond and two local and heavy sureties to the satisfaction of court concerned subject to the following conditions:

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

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

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

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(4). 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 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 :- 18.5.2023 Prajapati

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Digitally signed by :- RAMKESH PRAJAPATI High Court of Judicature at Allahabad

Akash Bihari v. State of U.P.

Case brief

What is this about?

What did the court decide?

Akash Bihari v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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