Allowed

Neeru Kumar v. State of U.P.

Allahabad HC3 Feb 2023BAIL/3390/2023

Case brief

AI extract

What is this about?

The High Court granted bail to the applicant in a criminal case involving assault under Section 308 and others of IPC, allowing release on a personal bond with two sureties and imposing standard bail conditions.

What did the court decide?

Released on bail by furnishing a personal bond and two sureties in the like amount, subject to non-interference with witnesses and appearance before the trial court.

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

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Court No. - 74

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3390 of 2023

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Applicant :- Neeru Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Chandra Prakash Singh Counsel for Opposite Party :- G.A.,Pawan Kumar Shukla

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Hon'ble Ajay Bhanot,J.

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By means of the bail application the applicant has prayed to be enlarged on bail in Case Crime No. 499 of 2022 at Police Station- Atrauli, District- Aligarh under Sections 147, 323, 325, 308, 452, 504, 506 IPC. The applicant is in jail since 25.10.2022.

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The bail application of the applicant was rejected by the learned trial court on 16.12.2022.

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The following arguments made by Sri Chandra Prakash Singh, learned counsel on behalf of the applicant, which could not be satisfactorily refuted by Shri Rishi Chaddha, learned AGA and Shri Pawan Kumar Shukla, learned counsel on behalf of informant from the record, entitle the applicant for grant of bail:

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(1). The F.I.R. arises out of a neighbourhood dispute which suddenly turned violent.

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(2). As per the prosecution case 12 to 13 persons have been nominated as accused who committed assault. However, only one person has suffered head injury.

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(3). F.I.R. assigns a vague and general role to the applicant in the assault.

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(4) The applicant has not been identified as the

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principal offender who inflicted the grievous injury to the victim.

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(5). The applicant does not have any criminal history apart from the above case.

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(6). The applicant is not a flight risk. The applicant being a law abiding citizen has always cooperated with the investigation and undertakes to cooperate with the court proceedings. There is no possibility of his influencing witnesses, tampering with the evidence or reoffending.

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In the light of the preceding discussion and without making any observations on the merits of the case, the bail application is allowed.

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Let the applicant- Neeru Kumar be released on bail in the aforesaid case crime number, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court below. The following conditions be imposed in the interest of justice:-

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(i) The applicant will not tamper with the evidence or influence any witness during the trial.

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(ii) The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.

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Order Date :- 3.2.2023 Shafique

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Digitally signed by :- SAFIKUR RAHAMAN High Court of Judicature at Allahabad

Neeru Kumar v. State of U.P.

Case brief

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Neeru Kumar v. State of U.P.

Case brief

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