Allowed

Khubi Alias Khubiram v. State of U.P.

Allahabad HC3 Mar 2023BAIL/6312/2023

Case brief

AI extract

What is this about?

The Single Judge allowed bail for the applicant charged under Sections 147, 148, 149, and 302 IPC. The court noted the specific role assigned to a co-accused in causing the injury and the applicant's lack of criminal history, holding that a case for bail was made.

What did the court decide?

Released on personal bond and two sureties, subject to standard conditions of non-tampering, attendance, and lawful conduct.

Khubi Alias Khubiram 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. - 6312 of 2023

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Applicant :- Khubi Alias Khubiram Opposite Party :- State of U.P. Counsel for Applicant :- Rajeev Goswami,Satyendra Vishwakarma Counsel for Opposite Party :- G.A.,Lalit Kumar Shukla

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Hon'ble Vipin Chandra Dixit,J.

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Heard Sri Rajeev Goswami, learned counsel for the applicant, learned AGA for the State, Sri Lalit Kumar Shukla, learned counsel for the informant and perused the record.

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It is submitted by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case. The first information report was lodged against seven accused persons and specific role for firing has been assigned to the co-accused, Vishnu. The applicant was not named in the first information report and his name was surfaced in the statement of injured/deceased, Jeetu. The role assigned to the applicant is of catching hold to the deceased and specific allegation has been assigned to the co-accused, Vishnu. There is no possibility of applicant of fleeing away from the judicial process or tampering with the prosecution evidence.The applicant has no criminal history. The applicant is in jail since 21.11.2022 and if released on bail, he will not misuse the liberty of bail.

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On the other hand, learned A.G.A. as well as learned counsel for the informant opposed the prayer for bail, but could not

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dispute the aforesaid fact.

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Considering the rival submissions of learned counsel for the parties, perusal of record and considering the fact that the role assigned to the applicant is of catching hold to the deceased and specific role for causing firearm injury to the deceased has been assigned to co-accused, Vishnu, nature of allegation and period of custody, gravity of offence, 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 applicant- Khubi Alias Khubiram be released on bail in Case Crime No.1169 of 2022, under Sections 147, 148, 149, 302 IPC, Police Station Highway, District Mathura on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the 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

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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 :- 3.3.2023 SP/-

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Digitally signed by :- SANDEEP PAL High Court of Judicature at Allahabad

Khubi Alias Khubiram v. State of U.P.

Case brief

What is this about?

What did the court decide?

Khubi Alias Khubiram v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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