Allowed

Abhishek v. State of U.P.

Allahabad HC2 Jan 2023BAIL/7786/2022

Case brief

AI extract

What is this about?

The High Court of Judicature at Allahabad allowed a bail application filed by the applicant, Abhishek, who was accused under Section 307 IPC. Despite the Sessions Judge's earlier rejection, the bench accepted the arguments and granted bail subject to bonds and sureties and specific conditions.

What did the court decide?

The applicant was released on bail on furnishing a personal bond and two sureties each, subject to conditions regarding tampering with evidence and appearing before the trial court.

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

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Court No. - 74

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7786 of 2022

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Applicant :- Abhishek Opposite Party :- State of U.P. Counsel for Applicant :- Beerendra Singh Pal,Gaurav Kumar Shukla,Pawan Giri Counsel for Opposite Party :- G.A.

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Hon'ble Ajay Bhanot,J.

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By means of the the bail application the applicant has prayed to be enlarged on bail in Case Crime No.292 of 2021 at Police Station-Kaptanganj, District-Basti under Section 307 IPC. The applicant is in jail since 08.12.2021.

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The bail application of the applicant was rejected by the Sessions Judge, Basti on 04.01.2022.

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The following arguments made by Shri Gaurav Kumar Shukla, learned counsel and Shri Pawan Giri, learned counsel on behalf of the applicant, which could not be satisfactorily refuted by Shri Sunil Kumar Srivastava, learned AGA from the record, entitle the applicant for grant of bail:

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(1). The applicant has been falsely implicated in the instant case.

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(2). The victim in her statement under Section 164 Cr.P.C. has admitted to intimacy and consensual physical relationship with the co-accused-Nakul. She has also asserted that she eloped with the said

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Nakul on a motorcycle which was driven by the applicant. The vehicle met with an accident.

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(3). No allegation of any forceful assault or inappropriate behaviour has been made against the applicant.

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

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(5). The applicant and his family reside in districtAyodhya and the livelihood of the applicant is also in the same district. 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- Abhishek 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

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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 :- 2.1.2023 Ashish Tripathi

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

Abhishek v. State of U.P.

Case brief

What is this about?

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Abhishek v. State of U.P.

Case brief

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