Allowed

Kuldeep Gaur v. State of U.P.

Allahabad HC22 Jun 2023BAIL/24949/2023

Case brief

AI extract

What is this about?

Hon'ble Syed Aftab Husain Rizvi, J. allowed bail to Kuldeep Gaur in a case under Sections 395, 412, 413, 414, 120-B I.P.C., held that a case for bail was made out despite the heinous nature of the offence, considering rival submissions and circumstances.

What did the court decide?

Enlarged on bail on executing personal bond and two sureties subject to conditions of presence and cooperation.

Kuldeep Gaur Vs State of U.P. — Bail and Remand | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:127978

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Court No. - 50

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 24949 of 2023

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Applicant :- Kuldeep Gaur Opposite Party :- State of U.P. Counsel for Applicant :- Mahesh Kumar Counsel for Opposite Party :- G.A.

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Hon'ble Syed Aftab Husain Rizvi,J.

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Heard the learned counsel for applicant, the learned AGA for State and perused the record.

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The present bail application has been filed by the applicant to enlarge him on bail in case crime no.30 of 2023 under Sections 395, 412, 413, 414, 120-B I.P.C., P.S. Todifatehpur, DistrictJhansi.

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The F.I.R. of this case has been lodged on 09.03.2023 against the unknown person under Section 394 I.P.C. with regard to an incident of loot in the night of 08/09.03.2023. On 08.04.2023, in a police encounter case, applicant was arrested and according to prosecution, ornaments and cash amount were recovered from the possession of applicant-accused. Thereafter, Sections 395, 412, 413, 414, 120-B I.P.C. were also added.

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The learned counsel for applicant contends that F.I.R. of this case has been lodged in the name of unknown. After one month of the incident the accused-applicant has been arrested by the police in a fake police encounter case. In this case, no injury has been received by police personnel while accused persons have suffered injuries in their legs. This shows that it is a stage managed police

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encounter prevalent during the days. It is further contended that no case property has been recovered from the possession of the accused-applicant, the alleged recovery is false and planted. It is highly improbable that after one month of the incident, all the accused will be going with the looted property. It is further contended that applicant has no previous criminal history. Lastly, it is contended that applicant is in jail since 09.04.2023 and he undertakes that he will not misuse the liberty of bail. It is further submitted that there is also no possibility of applicant either fleeing away from the judicial process or tampering with the witnesses.

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Learned AGA has opposed the prayer for bail and submitted that recovery of gold and silver ornaments has been made from the possession of applicant and other co-accused. The offence is of heinous nature, hence, the applicant is not entitled to be enlarged on bail.

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Considering the rival submissions of the parties, the nature and gravity of the offence, the severity of punishment, the evidence & other material available on record and all other attending facts and circumstances of the case, in view of this Court, a case for bail is made out.

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Accordingly, the bail application is allowed .

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Let the applicant- Kuldeep Gaur involved in the aforesaid case, be enlarged on bail on his executing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned.

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This bail order would be subject to the fulfillment of following conditions:-

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The applicant shall cooperate in the trial sincerely without seeking any adjournment.

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The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel.

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The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court default of this condition is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of his bail and proceed against him in accordance with law.

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Order Date :- 22.6.2023

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SP/-

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Digitally signed by :- SANDEEP PAL High Court of Judicature at Allahabad

Kuldeep Gaur v. State of U.P.

Case brief

What is this about?

What did the court decide?

Kuldeep Gaur v. State of U.P.

Case brief

What is this about?

What did the court decide?

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