Vakeel Vs State of U.P. Thru. Addl. Chief… — Murder and Culpable Homicide | Allahabad HC (2024)

Vakeel Vs State of U.P. Thru. Addl. Chief… — Murder and Culpable Homicide | Allahabad HC (2024)

What the court decided

AI extract

Outcome

Bail granted to applicant Vakeel in Case Crime No. 572 of 2023 on furnishing personal bond and two reliable sureties of the like amount each to the satisfaction of the court concerned, subject to conditions of attending hearings, not committing similar offences, and not inducing witnesses or tampering with evidence.

Issue for consideration

Whether the applicant Vakeel, arraigned in Case Crime No. 572 of 2023 under Sections 302, 120-B, 506, 34 IPC, Police Station Kotwali Dehat, District Balrampur, is entitled to be released on bail.

Court's answer

The applicant is entitled to be released on bail: the allegations against him are of a similar nature to those against co-accused already enlarged on bail (order dated 29.03.2024), there is no specific allegation against him of causing the offence in question, he has no criminal antecedents, and he has been languishing in jail since 23.10.2023; accordingly, the bail application is allowed.

Ratio / Principle

Release is directed on furnishing a personal bond and two reliable sureties of the like amount each to the satisfaction of the court concerned, subject to conditions that the applicant shall execute a bond to attend hearings, shall not commit any similar offence, and shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts so as to dissuade disclosure to the Court or police or tamper with the evidence.

Detailed headnote1 paragraphs

Neutral Citation 2024:AHC-LKO:28090 — High Court of Judicature at Allahabad, Lucknow Bench (Pankaj Bhatia, J.), Criminal Misc. Bail Application No. 2223 of 2024, order dated 5.4.2024: bail application of applicant Vakeel allowed in Case Crime No. 572 of 2023 under Sections 302, 120-B, 506, 34 IPC, Police Station Kotwali Dehat, District Balrampur. Adopting the same reasoning as the bail order dated 29.03.2024 by which three co-accused were enlarged on bail, and noting the absence of any specific allegation that the applicant caused the offence, that he had no criminal antecedents and was in custody since 23.10.2023, the Court held him entitled to bail on personal bond and two reliable sureties of the like amount each, with conditions to attend hearings, refrain from similar offences, and refrain from inducing witnesses or tampering with evidence.

Neutral Citation No. - 2024:AHC-LKO:28090

Court No. - 12

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2223 of 2024

Applicant :- Vakeel Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Home, Lko. Counsel for Applicant :- Vimal Kishore Srivastava,Bal Keshwar Srivastava,Dinesh Bahadur Singh,Mohammad Airaj Siddiqui,Neelam,Shalini Saxena

Counsel for Opposite Party :- G.A.,Aditya Mishra,Rajendra Prasad Mishra

Hon'ble Pankaj Bhatia,J.

Heard learned counsel for the applicant as well as learned A.G.A. and perused the record.

The applicant seeks enlargement on bail in Case Crime No.572 of 2023 under Sections 302, 120-B, 506, 34 IPC, Police Station- Kotwali Dehat District-Balrampur.

It is argued that three of the co-accused have been enlarged on bail vide separate orders dated 29.03.2024 and 03.04.2024.

Learned A.G.A. vehemently opposed the bail prayer by arguing that the name of the applicant has been surfaced in the statement of the informant.

Considering the allegations against the applicant to the similar nature and adopting the same reasoning as contained in the order dated 29.03.2024, without there being any specific allegation against the applicant of causing the offence in question, the applicant has no criminal antecedents and is languishing in jail since 23.10.2023, I am of the view that the applicant is entitled to be released on bail. Accordingly, the bail application is allowed.

Let the applicant- Vakeel be released on bail in the aforesaid case crime number on his furnishing personal bonds and two reliable sureties of the like amount each to the satisfaction of the court concerned with the following conditions:

(a) The applicant shall execute a bond to undertake to attend the hearings;

(b) The applicant shall not commit any offence similar to the offence of which he is accused or suspected of the commission; and

(c) 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 or to any police officer or tamper with the evidence.

Order Date :- 5.4.2024

Harshita

Digitally signed by :- HARSHITA High Court of Judicature at Allahabad, Lucknow Bench