Allowed

Amit v. State of U.P.

Allahabad HC28 Aug 2023BAIL/29316/2023

Case brief

AI extract

What is this about?

This court allowed a bail application under Section 439 Cr.P.C. filed by Amit in a criminal case involving Sections 323, 504, 506, and 307 IPC. The court declined to comment on merits due to the pending trial but noted the lack of State rebuttal and no specific risk, ordering release on sureties with standard conditions.

What did the court decide?

Released on bail by furnishing a personal bond and two sureties in an equal amount, subject to appearance and non-interference conditions.

Amit Vs State of U.P. — Anticipatory Bail | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:172978

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Court No. - 74

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 29316 of 2023

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Applicant :- Amit Opposite Party :- State of U.P. Counsel for Applicant :- Bhuvnesh Kumar Singh Counsel for Opposite Party :- G.A.

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Hon'ble Vivek Varma,J.

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Despite time granted to the learned A.G.A., no counter affidavit has been filed by the State.

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Heard learned counsel for the applicant as well as learned A.G.A. for the State-opposite party and perused the record.

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The instant bail application under Section 439 Cr.P.C. has been filed with the prayer to enlarge the applicant on bail in Case Crime No. 169 of 2023, under Sections 323, 504, 506, 307 I.P.C., Police Station Dhampur, District Bijnor during the pendency of the trial.

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Learned counsel for the applicant submits that the applicant has been falsely implicated in the instant case. A scuffle had arisen at the spur of moment wherein the informant received the injuries. In the opinion of the doctor, the injuries are simple in nature. The applicant had no intention to kill the informant. The applicant is in jail since 23.05.2023 having no criminal history and if he is released on bail, he will not misuse the said liberty.

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Learned A.G.A. has opposed the prayer for bail but could not satisfactorily dispute the aforesaid submissions from the record.

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Having regard to the submissions made above and the fact that the applicant has remained confined for almost three months and after submission of the charge-sheet there is no hope of early conclusion of trial, more so when no reasonable apprehension has been brought to the fore by the State that the applicant, if enlarged on bail, would either tamper with the evidence or delay the trial or intimidate the witness, without commenting on the merits of the case, I am of the opinion that the applicant is entitled to be enlarged on bail.

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Let the applicant- Amit, involved in the aforesaid case, be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of Court concerned subject to the conditions that he:

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(i) shall appear on the date fixed by the trial court;

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(ii) shall not tamper with the prosecution evidence; and,

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(iii) shall not pressurize the prosecution witnesses.

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In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court.

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Order Date :- 28.8.2023 SKT/-

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Digitally signed by :- SHIVA KANT TIWARI High Court of Judicature at Allahabad

Amit v. State of U.P.

Case brief

What is this about?

What did the court decide?

Amit v. State of U.P.

Case brief

What is this about?

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