Allowed

Govind v. State of U.P.

Allahabad HC18 Jan 2023BAIL/53215/2022

Case brief

AI extract

What is this about?

The High Court allowed a bail application filed by Govind, who was arrested under Sections 354, 307 IPC. The court listed grounds not adequately refuted by the prosecution, including non-naming in FIR and lack of material evidence, and granted bail with conditions.

What did the court decide?

Release of the applicant on bail by furnishing a personal bond and two sureties to the satisfaction of the court below.

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

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Court No. - 74 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 53215 of 2022 Applicant :- Govind Opposite Party :- State of U.P. Counsel for Applicant :- Kartikey Singh Counsel for Opposite Party :- G.A. Hon'ble Ajay Bhanot,J.

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By means of this bail application the applicant has prayed to be enlarged on bail in Case Crime No.346 of 2022 at Police Station-Chhata, DistrictMathura under Sections 354, 307 IPC. The applicant is in jail since 07.08.2022.

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The bail application of the applicant was rejected by learned trial court on 19.10.2022.

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The following arguments made by Shri Kartikey Singh, learned counsel on behalf of the applicant, which could not be satisfactorily refuted by Shri Paritosh Kumar Malivya, learned A.G.A.-I from the record, entitle the applicant for grant of bail: (1). The applicant was not named in the F.I.R.

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(2). The applicant was nominated by a police informer whose identity is unknown and credentials are uncertain.

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(3). The applicant has not been identified by the victim in any test identification parade.

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(4). The injuries sustained by the injured are not life threatening.

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(5). No incriminating article has been recovered from the applicant.

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(6). Prosecution evidence does not connect the

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applicant with the offence.

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(7). The applicant does not have any criminal history apart from the instant case.

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(8). 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-Govind 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 :- 18.1.2023 Ashish Tripathi

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Digitally signed by :- ASHISH NAYAN TRIPATHI High Court of Judicature at Allahabad

Govind v. State of U.P.

Case brief

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Govind v. State of U.P.

Case brief

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