Allowed

Viriksh Kumar Alias Birchhey v. State of U.P. Thru. Prin. Secy. Home Lko.

Allahabad HC26 Jul 2024/299/2023

Case brief

AI extract

What is this about?

Single judge allowed bail to applicant charged under sections 302 and 504 IPC for causing death in a tree and land dispute. Court noticed absence of premeditated intent and granted bail subject to bond and two sureties.

What did the court decide?

Applicant released on bail on personal bond with two reliable sureties; conditions include attending hearings, not repeating offences, and not tampering with evidence.

Viriksh Kumar Alias Birchhey Vs State of U.P… — Murder and Culpable Homicide | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:50915

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Court No. - 12

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 299 of 2023

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Applicant :- Viriksh Kumar Alias Birchhey Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Mohd. Waris Farooqui Counsel for Opposite Party :- G.A.

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Hon'ble Pankaj Bhatia,J.

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Heard learned counsel for the applicant, learned AGA and perused the record.

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The accused-applicant seeks bail in Case Crime No.187 of 2022 under section 302, 504 IPC, P.S. Kotwali Utraula, District Balrampur.

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In terms of the FIR, it was alleged that on account of a tree and land dispute where the father in law of the informant had kept a 'Shivling' for Pooja, the dispute occurred because of which, the abuses were hurled and the father in law of the informant was hit with Fawra which ultimately resulted in his death.

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The counsel for the applicant argues that the applicant is in custody since 19.07.2022 and even as per the FIR allegation, premeditated intent for implicating under section 302 IPC is absent.

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Considering the FIR and the statement which indicate that the incident had occurred on account of a petty dispute and the allegations of premeditated intent is apparently missing, the applicant who has no criminal history and is in custody since 19.07.2022, he is entitled for the bail. Thus the bail application is allowed.

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Let the applicant Viriksh Kumar Alias Birchhey be released on bail in aforesaid first information report number subject to his furnishing a personal bond and two reliable sureties each of the like amount to the satisfaction of the court concerned with the following conditions:

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(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

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(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.

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Order Date :- 26.7.2024 VNP/-

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Digitally signed by :- VISHVANATH PRASAD SHUKLA High Court of Judicature at Allahabad, Lucknow Bench

Viriksh Kumar Alias Birchhey v. State of U.P. Thru. Prin. Secy. Home Lko.

Case brief

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Viriksh Kumar Alias Birchhey v. State of U.P. Thru. Prin. Secy. Home Lko.

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What the court decided

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