Allowed

Bihari Soni@ Prince v. State of U.P.

Allahabad HC15 May 2023BAIL/6925/2023

Case brief

AI extract

What is this about?

The High Court of Judicature at Allahabad allowed a bail application for the applicant, who was an accused not named in the initial FIR and facing charges primarily on an extra judicial confession. The court granted bail without expressing an opinion on the merits of the case.

What did the court decide?

The applicant is released on bail on furnishing a personal bond and two sureties in the like amount.

Bihari Soni@ Prince Vs State of U.P. — Bail and Remand | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:105327

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Court No. - 74

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6925 of 2023

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Applicant :- Bihari Soni@ Prince Opposite Party :- State of U.P. Counsel for Applicant :- Vikas Tiwari,Gaurang Dwivedi Counsel for Opposite Party :- G.A.

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Hon'ble Sameer Jain,J.

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Heard Sri Gaurang Dwivedi, learned counsel for the applicant and Dr. S.B. Maurya, learned AGA-I for the State-respondent.

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The instant application has been filed seeking release of the applicant on bail in Case Crime No. 227 of 2022, under Section 396 IPC, Police Station- Kotwali Jalaun, District- Jalaun, during pendency of the trial in the court below.

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FIR of the present case was lodged on 23.10.2022 against unknown persons and according to the FIR, the elder brother of the informant used to go to his shop in the morning at about 9:00 a.m. and used to return in the evening at about 7:00 p.m. but on 22.10.2022, when he did not return upto 11:00 p.m. then informant arrived at his shop and found that some unknown person committed his murder.

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Learned counsel for the applicant submitted that applicant was not named in the FIR and during investigation, his complicity was revealed and it it is alleged that applicant gave extra judicial confession before one Vinay Awasthi and thereafter applicant was made accused in the present matter and except the extra judicial confession, there is no other evidence against him on record and co-accused Aditya Patel has been released on bail by co-ordinate bench of this Court vide order dated 26.4.2023 passed in Criminal Misc. Bail Application No. 9670 of 2023 and case of applicant is at par with him. He further submitted that applicant is not having any criminal history and he is in jail since 3.11.2022.

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Per contra, learned AGA although, opposed the prayer for bail but could not dispute the argument on facts advanced by learned counsel for the applicant.

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I have heard learned counsel for the parties and perused the record of the case.

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It appears that applicant was not named in the FIR and on the basis of extra judicial confession, he has been made accused in the present matter along with co-accused Aditya Patel and another and co-accused Aditya Patel has been released on bail and it appears that except the extra judicial confession, there is no other evidence against the applicant on record.

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Therefore, from the discussion made above, in my view applicant is entitled to be released on bail.

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Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed .

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Let the applicant- Bihari Soni@ Prince be released on bail in the aforesaid case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-

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(i) The applicant shall appear before the trial court on the dates fixed, unless his personal presence is exempted.

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(ii) The applicant shall not directly or indirectly, make 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 any police officer or tamper with the evidence.

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(iii) The applicant shall not indulge in any criminal and anti-social activity.

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In case of breach of any of the above condition, the prosecution will be at liberty to move an application before this Court for cancellation of the bail of the applicant.

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It is clarified that the observations made herein are limited to the facts brought in by the parties pertaining to the disposal of bail application and the said observations shall have no bearing on the merits of the case during trial.

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Order Date :- 15.5.2023 KK Patel

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Digitally signed by :- KRISHN KANT PATEL High Court of Judicature at Allahabad

Bihari Soni@ Prince v. State of U.P.

Case brief

What is this about?

What did the court decide?

Bihari Soni@ Prince v. State of U.P.

Case brief

What is this about?

What did the court decide?

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