Allowed

Kishori v. State of U.P.

Allahabad HC15 Jun 2023BAIL/19865/2023

Case brief

AI extract

What is this about?

Hon'ble Detective Superintendent granted bail to the applicant in a criminal case involving alleged assault and culpable homicide not amounting to murder, noting the FIR delay and parity with co-accused, subject to standard conditions.

What did the court decide?

Order of release on bail subject to furnishing a personal bond and two sureties each along with standard conditions on attendance and non-interference with evidence.

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

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Neutral Citation No. - 2023:AHC:126761

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Court No. - 65

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 19865 of 2023

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Applicant :- Kishori Opposite Party :- State of U.P. Counsel for Applicant :- Abhishek Trivedi Counsel for Opposite Party :- G.A.

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Hon'ble Vipin Chandra Dixit,J.

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Heard Sri Abhishek Trivedi, learned counsel for the applicant, learned AGA for the State and perused the material on record.

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Learned counsel for the applicant has submitted that the applicant is innocent and has been falsely implicated in this case. The F.I.R. has been lodged after delay of one day as the incident is alleged to have occurred on 13.5.2022 whereas the F.I.R. was lodged on 14.5.2022. The F.I.R. was lodged against four accused persons including the applicant with general allegations that they have assaulted the deceased Jagdish. There is no specific allegation against the applicant in the F.I.R. Lastly it is submitted that other co-accused persons namely Rajeev, Mukesh and Dasrath have already been granted bail by co-ordinate Benches of this Court vide orders dated 19.1.2023, 13.3.2023 and 11.4.2023 passed in Criminal Misc. Bail Application Nos.49011 of 2022, 10752 of 2023 and 10755 of 2023, respectively. Copies of bail orders have been collectively annexed as Annexure-8 to the affidavit filed in support of bail application. The role assigned to the applicant is identical and similar to the role assigned to co-accused persons, who have been granted bail by this Court and as such the applicant is also entitled for bail on the ground of parity. There is no possibility of applicant of fleeing away from the judicial process or tampering with the prosecution evidence. He next submits that the applicant has no criminal history and is in jail since 18.5.2022 and if released on bail, he will not misuse the liberty of bail.

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Learned AGA for the State vehemently opposed the prayer of bail.

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Upon hearing the learned counsel for the parties and upon the perusal of the record and considering the complicity of accused, severity of punishment as well as totality of facts and circumstances, at this stage, without commenting on the merits of the case, I find it a fit case for bail. The bail application is allowed.

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Let applicant- Kishori be released on bail in Case Crime No. 244 of 2022, under Section 304, 323, 504 IPC, registered at P.S. Khutar, District Shahjahanpur, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of Court concerned, subject to the following conditions:

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(i) The applicant will not tamper with prosecution evidence in any manner whatsoever.

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(ii) The applicant will abide by the orders of the 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 activity.

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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 the 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 :- 15.6.2023 Kpy

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Digitally signed by :- KAVLESHWAR PRASAD YADAV High Court of Judicature at Allahabad

Kishori v. State of U.P.

Case brief

What is this about?

What did the court decide?

Kishori v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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