Allowed

Ram Naresh Sahu v. State of U.P. Thru. Prin. Secy. Home Civil Sectt. Lko

Allahabad HC15 May 2024BAIL/3500/2024

Case brief

AI extract

What is this about?

Criminal Miscellaneous Bail Application allowed where evidence relied upon for arrest was weak, consisting of a confessional statement and recovery without independent witnesses. Applicant granted bail on personal bond and two sureties.

What did the court decide?

Release of the applicant on personal bond and two sureties attending hearings, refraining from committing similar offences, and not tampering with evidence or witnesses.

Ram Naresh Sahu vs State of U.P. Thru. Prin… — Murder and Culpable Homicide | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:55799

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Court No. - 12

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3500 of 2024

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Applicant :- Ram Naresh Sahu Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Civil Sectt. Lko Counsel for Applicant :- Ram Sahay Yadav,Krishna Kumar Kapoor 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.88 of 2023 under sections 302/201 IPC, P.S. Chinhat, District Lucknow.

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In terms of the FIR, it was alleged that some unknown person had killed the father of the informant by use of any weapon. No apprehension was expressed against anyone. Subsequently based upon the statement of the one the witness who had stated that he had seen the applicant and the victim together on a motorcycle and the applicant was linked and arrested. Subsequently, in the confessional statement of the applicant, it was recorded that on the said date, both the applicant and the victim had liquor together and thereafter a fight ensued in which the deceased allegedly hit the applicant and in retaliation, the applicant had committed the offence in question by attacking him with the construction equipment carried by him. There were no independent witnesses to the search of the construction equipment which was said to be used for causing the offence. The applicant is in custody since 27.02.20232 and has no criminal history and only two witnesses have been examined so far.

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Considering the fact that the applicant has been linked with the offence in question based upon the confessional statement and the recovery which is not in the presence of any independent witnesses and the evidences proposed to be relied upon are weak piece of evidence and apart from this, the applicant is aged about 57 years and has no criminal history, as such, he is entitled for the bail. Thus the bail application is allowed.

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Let the applicant Ram Naresh Sahu be released on bail in aforesaid first information report number subject to his furnishing a personal bond and two reliable sureties of each of the like amount to the satisfaction of the court concerned with

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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 :- 13.8.2024 VNP/-

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

Ram Naresh Sahu v. State of U.P. Thru. Prin. Secy. Home Civil Sectt. Lko

Case brief

What is this about?

What did the court decide?

Ram Naresh Sahu v. State of U.P. Thru. Prin. Secy. Home Civil Sectt. Lko

Case brief

What is this about?

What did the court decide?

What the court decided

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