Allowed

Durvesh @ Durgesh v. State of U.P.

Allahabad HC22 Jun 2023BAIL/8275/2023

Case brief

AI extract

What is this about?

The High Court allowed a bail application in a police encounter case involving charges of attempted murder and abetment. The court found it a fit case for bail without expressing an opinion on the merits of the case.

What did the court decide?

Release of the applicant on bail subject to furnishing a personal bond and two sureties and compliance with specific conditions regarding trial cooperation and non-tampering with evidence.

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

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Neutral Citation No. - 2023:AHC:127996

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Court No. - 47

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8275 of 2023

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Applicant :- Durvesh @ Durgesh Opposite Party :- State of U.P. Counsel for Applicant :- Yogesh Kumar Srivastava,Noor Muhammad Counsel for Opposite Party :- G.A.

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Hon'ble Ms. Nand Prabha Shukla,J.

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Heard learned counsel for the applicant, learned Government Advocate for the State and perused the record.

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The instant bail application has been filed with a prayer to release the applicant on bail in Case Crime No. 17 of 2023, registered under Sections 307, 401 IPC, Police Station Jasrana, District Firozabad during pendency of the trial.

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It has been contended by learned counsel for the applicant that it is a police encounter case and the applicant has been falsely implicated in the instant case. It was further submitted that it is a case of no injury and no police personnel has received any injury. There is no public witness of the alleged incident. It was also submitted that the co-accused Monu alias Harsh alias Jitu alias Jitendra and Vail Mohammad have already been granted by this Court vide orders dated 04.04.2023 and 08.05.2023 passed in Criminal Misc. Bail Application Nos. 11961 of 2023 and 20268 of 2023 respectively. Bail orders of the said co-accused have been produce before this Court which are taken on record. The applicant has explained criminal history in para 7 of the bail application and he is languishing in jail since 12.1.2023. In case, the applicant is released on bail, he will not misuse the liberty of bail and cooperate in trial.

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Learned Additional Government Advocate has opposed the bail prayer of the applicant but he could not dispute the aforesaid facts.

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Considering the entire facts and circumstances of the case as well as submissions made by learned counsel for the parties and without expressing any opinion on merits of the case, I find it a fit case for bail.

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

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Let the applicant-Durvesh alias Durgesh involved in aforesaid crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to the following conditions. Further, before issuing the release order, the sureties be verified.

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(i) The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.

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(ii) The applicant shall cooperate in the trial sincerely without seeking any adjournment.

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(iii) The applicant shall not indulge in any criminal activity or commission of any crime similar to the offence of which he is accused after being released on bail.

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

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(v) The identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.

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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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Order Date :- 22.6.2023 Puspendra

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Digitally signed by :- PUSPENDRA NARAYAN SINGH High Court of Judicature at Allahabad

Durvesh @ Durgesh v. State of U.P.

Case brief

What is this about?

What did the court decide?

Durvesh @ Durgesh v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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