Allowed

Ashish Kumar v. State of U.P.

Allahabad HC19 Sept 2023BAIL/39555/2023

Case brief

AI extract

What is this about?

AHC allowed a bail application filed by Ashish Kumar in a murder case. The court rejected the impugned order of the trial court, citing delays, vague role attribution, and lack of criminal history as grounds for release on bond with sureties.

What did the court decide?

Released on bail by personal bond and two sureties with conditions against tampering with evidence or influencing witnesses.

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

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Neutral Citation No. - 2023:AHC:180808

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Court No. - 66

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 39555 of 2023

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Applicant :- Ashish Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Akhilesh Pandey Counsel for Opposite Party :- G.A.

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Hon'ble Ajay Bhanot,J.

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By means of the the bail application the applicant has prayed to be enlarged on bail in Case Crime No. 285 of 2023 at Police Station- Dhoomanganj, District- Prayagraj, under Sections 147, 149, 304 IPC. The applicant is in jail since 11.06.2023.

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The bail application of the applicant was rejected by the learned trial court on 09.08.2023.

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The following arguments made by Sri Akhilesh Pandey, learned counsel on behalf of the applicant, which could not be satisfactorily refuted by Shri Pankaj Singh, learned counsel on behalf of informant and Shri Chandan Agarwal, learned AGA from the record, entitle the applicant for grant of bail:

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The delay of five days in lodgement of the FIR in the facts and circumstances of this case is fatal to the prosecution case.

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The prosecution case in the F.I.R. records that the applicant along with the others kicked and inflicted fist blows on the deceased.

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Vague and general role has been assigned to the applicant. Nature of injuries and manner of assault shows that there was no intent to kill.

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All male members from the applicant's side has been nominated out of malice due to ongoing village rivalry.

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The postmortem report discloses only one antemortem injury suffered by the injured led to his death.

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The applicant has not been identified as the principal offender who inflicted the aforesaid injury. The deceased got injured when he fell to the ground.

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The applicant does not have any criminal history apart from this case.

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The applicant is not a flight risk. The applicant being a law abiding citizen has always cooperated with the investigation and undertakes to join the trial proceedings. There is no possibility of his influencing witnesses, tampering with the evidence

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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- Ashish 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 :- 19.9.2023 Jaswant

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

Ashish Kumar v. State of U.P.

Case brief

What is this about?

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Ashish Kumar v. State of U.P.

Case brief

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