Allowed

Majhala@ Rajveer v. State of U.P.

Allahabad HC13 Feb 2023BAIL/6069/2023

Case brief

AI extract

What is this about?

This is a bail application under Criminal Misc. Bail Application No. 6069 of 2023. The High Court allowed the bail application, releasing the applicant on bond and sureties, citing parity with a co-accused and the absence of flight risk.

What did the court decide?

Release on personal bond and two sureties in the like amount, subject to conditions regarding tampering and attending court.

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

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Court No. - 92

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6069 of 2023

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Applicant :- Majhala@ Rajveer Opposite Party :- State of U.P. Counsel for Applicant :- Purushottam Pandey Counsel for Opposite Party :- G.A.

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Hon'ble Vipin Chandra Dixit,J.

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Heard Sri Rajesh Kumar Mishra, Advocate holding brief of Sri Purushottam Pandey, learned counsel for the applicant, learned AGA for the State and perused the material on record.

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Learned counsel for the applicant has submitted that the applicant is innocent and has been falsely implicated in this case. The F.I.R. was lodged against the applicant and one co-accused Manish @ Munish with general allegations that they have assaulted the deceased with Lathi and Danda. As per post mortem report the cause of death is asphyxia due to strangulation. Lastly, it is submitted that co-accused Manish @ Munish has already been granted bail by this Court vide order dated 4.1.2023 passed in Criminal Misc. Bail Application No.38792 of 2022. Copy of bail order has been annexed as Annexure-5 to the affidavit filed in support of bail application. The role assigned to the applicant is similar to co-accused Manish @ Munish, who has already been granted bail by this Court and as such the applicant is entitled for bail on the ground of parity. There is no possibility of applicant of fleeing away from the judicial process or tampering with the prosecution evidence. He next submits that the applicant has no criminal history and is in jail since 12.5.2022 and if released on bail, he will not misuse the liberty of bail.

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Learned AGA for the State vehemently opposed the prayer of bail.

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Upon hearing the learned counsel for the parties and upon the perusal of the record and considering the complicity of accused, severity of punishment as well as totality of facts and circumstances, at this stage, without commenting on the merits of the case, I find it a fit case for bail. The bail application is allowed.

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Let applicant- Majhala@ Rajveer be released on bail in Case Crime No. 343 of 2022, under Section 302 IPC, registered at P.S. Tilhar, District Shahjahanpur, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of Magistrate/Court concerned, subject to the following conditions:

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(i) The applicant will not tamper with prosecution evidence in any manner whatsoever.

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(ii) The applicant will abide by the orders of the court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever.

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(iii) The applicant will not indulge in any unlawful activity.

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(iv) The applicant will not misuse the liberty of bail in any manner whatsoever.

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The identity, status and residential proof of sureties will be verified by the court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.

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Order Date :- 13.2.2023 Kpy

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Digitally signed by :- KAVLESHWAR PRASAD YADAV High Court of Judicature at Allahabad

Majhala@ Rajveer v. State of U.P.

Case brief

What is this about?

What did the court decide?

Majhala@ Rajveer v. State of U.P.

Case brief

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What did the court decide?

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