Allowed

Pramod Kumar v. State of U.P.

Allahabad HC19 Jan 2023BAIL/53157/2022

Case brief

AI extract

What is this about?

Second bail application allowed in a cross case involving injuries not deemed life threatening. Applicant, having no prior history and cooperating fully with investigation, to be released on personal bond and sureties with conditions against tampering.

What did the court decide?

Application allowed; applicant Pramod Kumar released on bail by furnishing personal bond and two sureties each to satisfaction of court below.

Pramod Kumar Vs State of U.P. — Cheating and Forgery | Allahabad HC (2023)

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Court No. - 74

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 53157 of 2022

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Applicant :- Pramod Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Vijay Kumar Dubey Counsel for Opposite Party :- G.A.

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Hon'ble Ajay Bhanot,J.

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This is a second bail application.

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By means of this bail application the applicant has prayed to be enlarged on bail in Case Crime No. 238 of 2022 at Police Station Dhanghata, District Sant Kabir Nagar under Section 147, 148, 323, 504. 307 I.P.C. The applicant is in jail since 14.06.2022.

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The first bail application of the applicant was rejected by this Court on 12.10.2022.

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The following arguments made by Shri Vijay Kumar Dubey, learned counsel on behalf of the applicant, which could not be satisfactorily refuted by Shri Paritosh Kumar Malviya, learned AGA-I from the record, entitle the applicant for grant of bail:

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(1). This is a cross case. The applicant side was attacked by the informant and his party. The applicant has also got an F.I.R. registered.

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(2). The injuries suffered by the informant's side are not life threatening.

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(3). The nature of the injuries establishes that there was

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no intent to kill.

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(4). The applicant did not exceed his right to self defence.

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(5). The applicant does not have any criminal history apart from the instant 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- Pramod 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 :- 19.1.2023 Dhananjai

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Digitally signed by :- DHANANJAI High Court of Judicature at Allahabad

Pramod Kumar v. State of U.P.

Case brief

What is this about?

What did the court decide?

Pramod Kumar v. State of U.P.

Case brief

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What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

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Case details

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