Allowed

Arpit Maurya v. State of U.P.

Allahabad HC18 Oct 2023BAIL/44359/2023

Case brief

AI extract

What is this about?

The Court allowed the bail application of Arpit Maurya, who was charged under Sections 498A and 304B IPC and the Dowry Prohibition Act. The applicant claimed innocence and highlighted witness declarations during the trial. The Court was satisfied with the applicant's proposal to cooperate and imposed standard conditions.

What did the court decide?

Application allowed. Applicant directed to be released on bail with personal bond and two heavy local sureties subject to specified conditions.

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

¶1

Court No. - 68

¶2

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 44359 of 2023

¶3

Applicant :- Arpit Maurya Opposite Party :- State of U.P. Counsel for Applicant :- Sunil Kumar Tiwari Counsel for Opposite Party :- G.A.

¶4

Hon'ble Dr. Gautam Chowdhary,J.

¶5

Heard learned counsel for the applicant, learned A.G.A for the State and perused the record.

¶6

It has been argued by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. Learned counsel further submits that by the efflux of time, trial began and during the trial, the statement of P.W.1 and P.W. 2 were recorded and they have not supported the prosecution version, copy of their statements are annexed as Annexure-6 and 7 the affidavit accompanying the bail application. He thus submits that no offence against the applicant is made out. 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. He next submits that applicant is languishing in jail since 10.10.2022, having no criminal history.

¶7

Per contra, learned A.G.A. has opposed the prayer for bail of the

¶8

applicant by contending that the innocence of the applicant cannot be adjudged at pre trial stage, therefore, he does not deserve any indulgence.

¶9

Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties, nature of evidence, and all attending facts and circumstances of the case, without expressing any opinion on merits of the case, this Court is of the view that the applicant has made out a case for bail. Hence the bail application is allowed.

¶10

Let applicant Arpit Maurya involved in Case Crime No.309 of 2022 under Sections 498A, 304B I.P.C., 3/4 of Dowry Prohibition Act, Police Station Rampur Maniharan, District Saharanpur, be released on bail on furnishing a personal bond and two heavy local sureties each of the like amount to the satisfaction of the court concerned subject to the following conditions:-

¶11

A. The applicant shall not tamper with the evidence during the trial.

¶12

B. The applicant shall not pressurize/ intimidate the prosecution witness.

¶13

C. The applicant shall appear before the trial court on the date fixed, unless personal presence is exempted.

¶14

D. The applicant shall not commit an offence similar to the offence of which he is an accused, or suspected, of the commission of he is suspected.

¶15

E. The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court or to any police officer or tamper with the evidence.

¶16

In case of breach of any of the above condition, the trial Court

¶17

shall be at liberty to cancel the bail of the applicant in accordance with law.

¶18

Order Date :- 18.10.2023 S.Ali

¶19

Digitally signed by :- SHAUKAT ALI High Court of Judicature at Allahabad

Arpit Maurya v. State of U.P.

Case brief

What is this about?

What did the court decide?

Arpit Maurya v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Chhote Khan Vs State of U.P. and 3 Others

Rahul Kharwar Vs State of U.P.

Harendar Singh Vs State of U.P. and Nother

Saurabh Vs State of U.P. and 3 Others

Suraj Rajbhar Vs State of U.P. and 3 Others

Vijendra Vs State of U.P.