Allowed

Shekhar Kumar v. State of U.P.

Allahabad HC5 Jan 2023BAIL/57873/2022

Case brief

AI extract

What is this about?

The High Court released the applicant, Shekhar Kumar, in custody on bail during the trial. The applicant faced charges including affray and attempted murder under the IPC. The court found that the applicant made out a case for bail without commenting on the merits.

What did the court decide?

Shekhar Kumar released on bail on executing personal bond and furnishing two sureties in the like amount, subject to conditions including attending trial and not tampering with witnesses.

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

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Court No. - 50

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 57873 of 2022

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Applicant :- Shekhar Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Ashutosh Singh Counsel for Opposite Party :- G.A.,Ram Babu Tiwari

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Hon'ble Ram Manohar Narayan Mishra,J.

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

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By means of this application, the applicant, Shekhar Kumar, who is involved in Case Crime No.172 of 2022, under Sections 147, 148, 452, 323, 325, 307 & 506 IPC, Police Station Nakud, District Saharanpur and is in jail since 16.11.2022, is seeking enlargement on bail during the trial.

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Learned counsel for the applicant informs the Court that he has informed the learned counsel for the informant in writing about the listing of the case on today at 1:25 P.M., even then he is not present in the Court to oppose the bail application.

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Learned counsel for the applicant submitted that there is cross version of the incident, registered at the instance of co-accused Devpal, in which Devpal and Padam have received serious injuries. Injury No.1 of Devpal received on abdomen has been found grievous in nature in supplementary report and the other injured- accused Padam had received two incised wound on his head, out of which one is bone deep and the other is muscle deep. The cross case has been registered by order of the Court on the application moved under Section 156(3) Cr.P.C. regarding the incident. Co-accused Devpal, whose bail application has been rejected by learned court below along with present applicant on 30.11.2022, has already been enlarged on bail vide order dated 19.12.2022 in Criminal Misc. Bail Application No.57856 of 2022 by Co-ordinate Bench of this Court. No specific role has been assigned to the applicant in the FIR as well as in the statements of witnesses or injured under Section 161 Cr.P.C. He has further submitted that since the role of the applicant is similar to that of co-accused, Devpal, who has already been enlarged on bail, he is also entitled to be enlarged on bail on the ground of parity.

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The prayer for bail has vehemently been opposed by learned A.G.A.

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Considering the rival submissions made by learned counsel for the applicant as well as learned A.G.A., nature of allegations, complicity of accused but without commenting on the merits of the case, this Court is of the view that the applicant has made out a case for grant of bail.

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In view of the above, let the applicant Shekhar Kumar be released on bail on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned with the following conditions :-

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The applicant will continue to attend and co-operate in the trial pending before the court concerned on the date fixed after release.

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He will not tamper with the witnesses.

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He will not indulge in any illegal activities during the bail period.

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It is further directed that the identity, status and residence proof of the sureties be verified by the authorities concerned before he is accepted.

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In case of breach of any of the above conditions, the trial court will be at liberty to cancel the bail.

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Order Date :- 5.1.2023 Kamarjahan

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Digitally signed by :- KAMARJAHAN ANSARI High Court of Judicature at Allahabad

Shekhar Kumar v. State of U.P.

Case brief

What is this about?

What did the court decide?

Shekhar Kumar v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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