Allowed

Vijay Kumar v. State of U.P.

Allahabad HC16 Jun 2023BAIL/19357/2023

Case brief

AI extract

What is this about?

This order admits co-accused Vijay Kumar and Manish Chauhan to bail in a murder case under Sections 147, 148, 149, 302 and 120B IPC. The High Court granted bail on grounds of parity with a co-accused already enlarged on bail, imposing conditions to ensure presence in court and non-interference.

What did the court decide?

Applicants released on bail on furnishing personal bond and two sureties each, subject to conditions including appearance in court and non-interference.

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

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Neutral Citation No. - 2023:AHC:127210

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Court No. - 71

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 19357 of 2023

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Applicant :- Vijay Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Anil Kumar Chaudhary Counsel for Opposite Party :- G.A.

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Connected with

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 20559 of 2023

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Applicant :- Manish Chauhan Opposite Party :- State of U.P. Counsel for Applicant :- Jitendra Singh 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 applicants and learned AGA for the State.

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These two bail applications on behalf of the applicants in connection with Case Crime No.04 of 2023, under Sections 147, 148, 149, 302, 120B IPC, P.S. Kopaganj, District Mau are being decided by a common order.

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Learned counsel for the applicant has submitted that the applicants have been falsely implicated in the present case. It is further submitted that similarly placed co-accused Karan Sonkar has already been enlarged on bail by another Bench of this Court by order dated13.04.2023 passed in Criminal Misc. Bail Application No.12774 of 2023, copy of the bail order has been annexed as Annexure 13 of the bail application. It is further submitted that since the role of the applicants are identical to that of co-accused Karan Sonkar who has already been enlarged on bail, they are also entitled to be enlarged on bail on the ground of parity. Lastly he submitted that the applicants are languishing in jail since 09.01.2023 and in case, they are released on bail, they will not misuse the liberty of bail and will cooperate in the trial.

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Learned AGA has opposed the bail plea. However, learned A.G.A. does not dispute the factum of parity.

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Considering the overall facts and circumstances, the nature of allegations, the gravity of offence, the severity of the punishment, the evidence appearing against the accused but without expressing any opinion on merits, this Court finds it to be a fit case for bail.

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Accordingly, both bail applications stands allowed .

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Let the applicants Vijay Kumar and Manish Chauhan be released on bail in the aforesaid case crime number on their furnishing a personal bond and two reliable sureties each of the like amount to the satisfaction of the court concerned subject to the following conditions;-

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i) The applicants shall not tamper with the prosecution evidence.

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ii) The applicants shall not threaten or harass the prosecution witnesses.

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iii) The applicants shall appear on the date fixed by the trial court.

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iv) The applicants shall not commit an offence similar to the offence of which the applicants are accused, or suspected of the commission.

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v) The applicants 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 such person from disclosing facts to the Court or to any police officer or tamper with the evidence.

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Order Date :- 16.6.2023 Mini

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Digitally signed by :- MINI KANAUJIYA High Court of Judicature at Allahabad

Vijay Kumar v. State of U.P.

Case brief

What is this about?

What did the court decide?

Vijay Kumar v. State of U.P.

Case brief

What is this about?

What did the court decide?

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