Allowed

Shani Kumar v. State of U.P.

Allahabad HC10 Oct 2023BAIL/30529/2023

Case brief

AI extract

What is this about?

Criminal Misc. Bail Application filed by Shani Kumar seeking release in a case involving Sections 411, 413, 414, 419, 420, 467, 468, 471, 120-B IPC and Arms Act. The High Court allowed bail, noting the applicant's custody duration and co-accused bail, subject to specific conditions.

What did the court decide?

Released on bail with personal bond and two reliable sureties each of like amount subject to conditions of attendance and address verification.

Shani Kumar Vs State of U.P. — Corruption | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:195029

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Court No. - 81

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 30529 of 2023

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Applicant :- Shani Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Sudhakar Shukla,Amit Daga,Manoj Kumar Tiwari,Satish Sharma Counsel for Opposite Party :- G.A.,Anand Tiwari

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Hon'ble Mrs. Jyotsna Sharma,J.

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Heard Shri Satish Sharma, learned counsel for applicant, Sri Anand Tiwari, learned counsel for the first informant and learned A.G.A. for the State.

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The present bail application has been filed by the applicant seeking bail in case crime no.0006 of 2023, under Sections 411, 413, 414, 419, 420, 467, 468, 471, 120-B I.P.C. and Section 3/25 Arms Act, P.S.George Town,District Prayagraj.

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As per version of the F.I.R., certain accused persons were arrested and from their possession a number of stolen property including the mobiles, scooty, pulser motorcycle, two laptops etc. were recovered.

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It is contended on behalf of the applicant that from the possession of the present applicant three mobiles, cash and illegal firearm were allegedly recovered and there is nothing on record to suggest that they were stolen articles connected to a case of theft. It is further contended that the assertions in the recovery memo that the applicant was involved in certain incidents of theft etc. are artificial one; moreover such statements do not have any legal value and same shall be treated as statements of the accused given before the police; the applicant is in custody since 07.01.2023 i.e. since last nine months. It is further said that the co-accused-Ashish Kumar has been granted bail by this court in Criminal Misc Bail Application No. 24183 of 2023 vide order dated 21.07.2023; the applicant's case stands on similar footing, the applicant is claiming parity. As far as criminal history of the applicant is concerned, same has been suitably explained in para-12 and 13 of the affidavit filed in support of the application; certain bail orders have been placed before this court.

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The application for bail is opposed by learned A.G.A. however it is conceded that the applicant is in custody since more than nine months now and the co-accused has already been granted bail by this court.

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I considered nature of the allegations, role ascribed to the applicant, the evidence proposed, the severity of punishment and all other facts and circumstances of the case. In my view, a case for bail is made out.

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Let applicant - Shani Kumar be released on bail in the aforesaid Case Crime Number on his furnishing personal bond and two reliable sureties each of the like amount to the satisfaction of the court concerned subject to following conditions:-

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

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(ii) The applicant shall submit his present and permanent address to the court and shall not

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change the same without duly informing the court concerned.

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(iii) It is further provided that before issuing the release order, present as well as permanent address of the accused as well as sureties shall also be duly verified.

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Any violation of above conditions will be treated as misuse of bail and learned Court below will be at liberty to pass appropriate order.

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Order Date :- 10.10.2023 Sumit Kumar

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Digitally signed by :- SUMIT KUMAR High Court of Judicature at Allahabad

Shani Kumar v. State of U.P.

Case brief

What is this about?

What did the court decide?

Shani Kumar v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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