Amarjeet v. State of U.P.
Case brief
What is this about?
The High Court allowed a bail application filed by Amarjeet in a murder case, noting the co-accused had already been granted bail. The court imposed strict conditions regarding court attendance, prohibition of tampering with evidence, and consequences of non-appearance, granting bail upon furnishing a bond and sureties.
What did the court decide?
The applicant released on bail furnishing a personal bond and two heavy sureties with strict conditions regarding attendance, evidence tampering, and maintenance of process.
What the court decided
A compact analysis
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Neutral Citation No. - 2023:AHC:199031
Court No. - 68
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 43662 of 2023
Applicant :- Amarjeet Opposite Party :- State of U.P. Counsel for Applicant :- Mohammad Zafar Yab Khan,Shahroze Khan Counsel for Opposite Party :- G.A.,Jitendra Singh,Sunil Kumar Pandey
Hon'ble Dr. Gautam Chowdhary,J.
Heard Sri Mohammad Zafar Yab Khan, learned counsel for the applicant, learned counsel for the State and perused the material on record.
This bail application under Section 439 of Code of Criminal Procedure has been filed by the applicant Amarjeet, seeking enlargement on bail during trial in connection with Case Crime No. 97 of 2023, under sections 302, 307, 323, 325, 504, 506, 34 IPC, P.S. Kheshraha, District Siddharth Nagar.
The submission advanced by learned counsel for the applicant is that the applicant is innocent and has been falsely implicated in the present case due to ulterior motive. Initially the FIR was lodged under sections 307, 504, 506 IPC but after the death of the injured the FIR has been converted under section 302 IPC. In the present case general role has been assigned to the applicant. The case of the applicant is based on the same footing with the case of coaccused Saravjeet Yadav, who had already been released on bail by another bench of this court vide order dated 20.09.2023. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed before the Court. The circumstances which, according to the counsel, led to the false implication of the accused have also been mentioned. It has also been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required and is also ready to accept all the conditions which the Court may deem fit to impose upon him. It is further contended by learned counsel for the applicant that the applicant is languishing in jail since 07/05/2023 having no criminal history.
Issues for consideration
3 issues framed by the court
Whether the applicant is entitled to be released on bail during trial given the co-accused was already granted bail and there is no convincing material of tampering.
Under what conditions the applicant's liberty on bail must be granted to prevent abuse of the process of law.
How the trial court should proceed if the applicant fails to appear on dates fixed for the opening of case, framing of charge, or recording of statement under Section 313 Cr.P.C.
Parties & counsel
- applicant
Amarjeet
Coram
Gautam Chowdhary
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · October
- Registered
- Case no.
- BAIL/43662/2023
Similar cases
Judgements on the same questions, provisions and authorities, from every court