Allowed

Raghuveer v. State of U.P. Thru. Prin. Secy. Home Deptt. Govt. Lko.

Allahabad HC11 Jul 2024BAIL/331/2024

Case brief

AI extract

What is this about?

The Allahabad High Court allowed bail to an applicant accused of murder and related offenses involving use of a Banka. The court noted the release of co-accused and said the applicant had no criminal history, ordering his release on personal and surety bonds with standard conditions.

What did the court decide?

Applicant released on bail by furnishing personal bonds and two sureties of Rs.20,000/- each with conditions to attend hearings, not commit offences, and not tamper with evidence.

Raghuveer Vs State of U.P. Thru. Prin. Secy. Home Deptt… — Cheque Dishonour | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:47379

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Court No. - 12

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 331 of 2024

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Applicant :- Raghuveer Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Govt. Lko.

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Counsel for Applicant :- Ajai Kumar Singh,Piyush Gupta,Prabhat Rathore,Shobhit Singh Counsel for Opposite Party :- G.A.,Ajmal Khan,Arjun Singh Somvanshi

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Hon'ble Pankaj Bhatia,J.

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1 . Counter affidavit filed today by learned A.G.A. is taken on record.

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

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3 . It is argued by the counsel for the applicant that two of the co-accused were enlarged on bail vide orders dated 03.07.2024 and 11.07.2024. As regards the applicant, it is argued that it was alleged that the applicant was carrying a Banka, with which he had attacked the victim, the injury of Banka according to the applicant was on the shoulder and was not the reason for the death of the victim, which was the injury caused by Mahaveer. The post mortem report on record indicates one injury on the shoulder, which according to the applicant was on account of use of Banka from the wrong side. In short, the submissions is that the cause of death being the head injury was attributable to one Mahaveer, who has caused the injury by the use of Banka on the head. He further argued that the applicant is in custody since 10.06.2023 and has no criminal history, as such, he may be enlarged on bail.

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4. Learned A.G.A. opposed the bail prayer.

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5. Considering all these facts coupled with the fact the applicant is in custody since 10.06.2023 having no criminal history and there is nothing on record to demonstrate that the applicant if enlarged on bail, would in any way adversely affect the trial and without expressing any opinion on merit, I am of the view that the applicant is entitled to be released on bail. Accordingly, the bail application is allowed .

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6. Let the applicant Raghuveer be released on bail in FIR/ Case Crime No. 229 of 2023, under Sections 34, 341, 323, 324, 504, 506, 302 IPC, Police Station Pali, District Hardoi, on his furnishing personal bonds and two reliable sureties of Rs.20,000/- each 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;

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(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 :- 11.7.2024 Arun

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

Raghuveer v. State of U.P. Thru. Prin. Secy. Home Deptt. Govt. Lko.

Case brief

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Raghuveer v. State of U.P. Thru. Prin. Secy. Home Deptt. Govt. Lko.

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