Allowed

Amod Kumar v. State of U.P.

Allahabad HC18 Sept 2023BAIL/7348/2020

Case brief

AI extract

What is this about?

The High Court allowed a second bail application in a murder and attempted murder case, emphasizing the applicant's cooperation, lack of flight risk, and hindrance to defence preparation due to trial delays. Bail was granted subject to sureties and court conditions.

What did the court decide?

Release on bail with a personal bond and two sureties, subjected to conditions of not tampering with evidence and appearing before the trial court.

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

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Neutral Citation No. - 2023:AHC:179475

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Court No. - 66

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7348 of 2020

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Applicant :- Amod Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Ram Om Vikram Singh Chauhan Counsel for Opposite Party :- G.A.,Sanjay Mishra

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Hon'ble Ajay Bhanot,J.

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By means of the second bail application the applicant has prayed to be enlarged on bail in S.T. No.92 of 2017, Case Crime No.353 of 2016 at Police Station-Usrahar, DistrictEtawah under Sections 302, 307 IPC.

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The first bail application of the applicant was rejected by this Court on 23.07.2018.

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The following arguments made by Shri Ram Om Vikram Singh Chauhan, learned counsel and Shri Kapil Kumar Sharma, learned counsel on behalf of the applicant, which could not be satisfactorily refuted by Shri Paritosh Kumar Malviya, learned AGA-I from the record, entitle the applicant for grant of bail:

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The applicant is in jail since 10.11.2016. The applicant is a law abiding citizen and had always cooperated with the investigations and joined the trial. The applicant never tampered with evidence nor did he influence any witness.

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The report sent by the learned trial court records that all the prosecution witnesses have been examined.

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The applicant wishes to prepare his defence which is liable to be tendered before the learned trial court. Incarceration of the applicant is disabling from tendering an effective defence of his case and to refute the prosecution case against him.

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The trial was inordinately delayed for no fault of the applicant.

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The applicant does not have any criminal history apart from this case.

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The applicant is not a flight risk. The applicant being a law abiding citizen has always cooperated with the investigation and undertakes to cooperate with the court proceedings. There is no possibility of his influencing witnesses, tampering with the evidence or reoffending.

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In the light of the preceding discussion and without making any observations on the merits of the case, the bail application is allowed.

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Let the applicant-Amod Kumar be released on bail in the aforesaid case crime number, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court below. The following conditions be imposed in the interest of justice:-

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(i) The applicant will not tamper with the evidence or influence any witness during the trial.

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(ii) The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.

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Order Date :- 18.9.2023 Ashish Tripathi

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Digitally signed by :- ASHISH NAYAN TRIPATHI High Court of Judicature at Allahabad

Amod Kumar v. State of U.P.

Case brief

What is this about?

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Amod Kumar v. State of U.P.

Case brief

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