Allowed

Akash v. State of U.P.

Allahabad HC9 Feb 2023BAIL/58348/2022

Case brief

AI extract

What is this about?

In Criminal Misc. Bail Application No. 58348 of 2022, the Court allowed the bail petition of Akash, an accused in a murder trial involving allegations of false implication and planted evidence. Considering overcrowding and potential miscarriage of justice, the applicant was released on a personal bond and sureties.

What did the court decide?

Release on bail with a personal bond and two sureties, subject to conditions regarding interfering with witnesses and appearing for trial.

Akash Vs State of U.P. — Bail and Remand | Allahabad HC (2023)

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Court No. - 73

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 58348 of 2022

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Applicant :- Akash Opposite Party :- State of U.P. Counsel for Applicant :- Sandeep Kumar Srivastava Counsel for Opposite Party :- G.A.,Vivek Kumar Mishra

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Hon'ble Siddharth,J.

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Heard learned counsel for the applicant; Shri Vivek Kumar Mishra, learned counsel for the informant and learned A.G.A.

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The instant bail application has been filed on behalf of the applicant, Akash, with a prayer to release him on bail in Case Crime No. 181 of 2022, under Section 302 IPC Police Station Amroha Dehat, District- J.P. Nagar (Amroha), during pendency of trial.

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The First Information Report was initially lodged against three named accused,namely, Guddu,Sukul and Hoshram alleging offence of murder against them. Subsequently during investigation applicant has been implicated in this case.The investigating ofÏcer has exonerated the named accused. Applicant had no role in the incident.Informant himself made application to the Deputy Inspector General/Senior Superintendent of Police, Moradabad that applicant has been falsely implicated in this case.The real culprits are three named accused.The statement of the informant has also been recorded wherein he has made same allegation. On account of recovery of planted mobile from the applicant, he has been falsely implicated in this case. The applicant is in jail since 13.8.2022 and has no criminal history.

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Learned counsel for the informant has vehemently opposed the bail prayer of the applicant and submitted that charges have framed and trial is about to begun,therefore, applicant is not entitled to be enlarged on bail.

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Learned A.G.A. has also opposed the bail prayer of the applicant but could not dispute the aforesaid facts.

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Keeping in view the nature of the offence, evidence, complicity of the accused; submissions of the learned counsel for the parties noted above; finding force in the submissions made by the learned counsel for the applicant; keeping view the uncertainty regarding conclusion of trial; one sided investigation by police, ignoring the case of accused side; applicant being under-trial having fundamental right to speedy trial; larger mandate of the Article 21 of the Constitution of India; considering the dictum of Apex Court in the recent judgment dated 11.07.2022 of the Apex Court in the case of Satendra Kumar Antil vs. C.B.I., passed in S.L.P (Crl.) No. 5191 of 2021 ; considering 5-6 times overcrowding in jails over and above their capacity by the under trials and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed

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Let the applicant be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified.

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The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.

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The applicant shall cooperate in the trial sincerely without seeking any adjournment.

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The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.

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That 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 him from disclosing such facts to the Court or to any police ofÏcer;

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The applicant shall file an undertaking to the

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effect that he shall not seek any adjournment on the dates fixed for evidence and the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law to ensure presence of the applicant.

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The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court default of this condition is deliberate or without sufÏcient cause, then it shall be open for the trial court to treat such default as abuse of liberty of his bail and proceed against him in accordance with law.

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In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.

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Order Date :- 9.2.2023

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Atul kr. sri.

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Digitally signed by :- ATUL KUMAR SRIVASTAVA High Court of Judicature at Allahabad

Akash v. State of U.P.

Case brief

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Akash v. State of U.P.

Case brief

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