Allowed

Deepak @ Gyanendra Kumar v. State of U.P.

Allahabad HC15 Jun 2023BAIL/20908/2023

Case brief

AI extract

What is this about?

In Criminal Misc. Bail Application No. 20908 of 2023, the Allahabad High Court granted bail to Deepak @ Gyanendra Kumar charged under Sections 304, 323, 504, 506 IPC, observing it was a fit case considering co-accused bail orders were in appeal.

What did the court decide?

Release of applicant on personal bond and two sureties subject to conditions including attending court and not tampering with evidence.

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

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Neutral Citation No. - 2023:AHC:126839

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Court No. - 65

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 20908 of 2023

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Applicant :- Deepak @ Gyanendra Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Awadh Bihari Pandey Counsel for Opposite Party :- G.A.,Arimardan Yadav,Jadu Nandan Yadav

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Hon'ble Vipin Chandra Dixit,J.

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Heard Sri Awadh Bihari Pandey, learned counsel for the applicant, learned AGA for the State, Sri Jadu Nandan Yadav, learned counsel for the informant 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 against four accused persons including the applicant with general allegations that they have assaulted with Lathi and Danda to father and sister-in-law of informant. It is further submitted that it is not clear from the evidence and material which are collected during investigation that who has caused the fatal injury to the deceased. It is further submitted that co-accused Kaushalendra Singh has already been granted bail by Sessions Judge, Kannauj vide order dated 9.2.2023. Copy of bail order has been annexed as Annexure-10 to the affidavit filed in support of bail application. It is further submitted that another co-accused Narendra Yadav has also been granted bail by a co-ordinate Bench of this Court vide order dated 31.5.2023 passed in Criminal Misc. Bail Application No.18728 of 2023. Copy of bail order has been produced for perusal which is taken on record. It is further submitted that the role assigned to the applicant is identical and similar to the role assigned to co-accused persons, who have been granted bail and as such the applicant is also entitled for bail on the ground of parity. He next submits that the applicant has no criminal history and is in jail since 22.1.2023 and if released on bail, he will not misuse the liberty of bail.

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Learned AGA for the State as well as learned counsel for the informant vehemently opposed the prayer of bail but could not dispute the fact that similarly situated co-accused have already been granted 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,

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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- Deepak @ Gyanendra Kumar be released on bail in Case Crime No.652 of 2022, under Sections 304, 323, 504, 506 IPC, registered at P.S. Gursahaiganj, District Kannauj, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of Magistrate/Court concerned, subject to 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 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

Deepak @ Gyanendra Kumar v. State of U.P.

Case brief

What is this about?

What did the court decide?

Deepak @ Gyanendra Kumar v. State of U.P.

Case brief

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What did the court decide?

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