Allowed

Karan Soni v. State of U.P. Thru. Prin. Secy. Home Deptt. Lko.

Allahabad HC19 Apr 2024BAIL/4289/2024

Case brief

AI extract

What is this about?

In a criminal bail application regarding a murder case, the High Court allowed the bail of the applicant after noting changes in the informant's statement, lack of opinion on CCTV footage, and the applicant's clean record. The applicant was released on bail and personal bonds.

What did the court decide?

The applicant Karan Soni is released on bail with personal bonds and two reliable sureties subject to conditions regarding attendance, no new offences, and no tampering with evidence.

Karan Soni vs State of U.P. Thru. Prin. Secy… — Murder and Culpable Homicide | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:58519

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Court No. - 12

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4289 of 2024

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Applicant :- Karan Soni Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. Counsel for Applicant :- K.K. Singh 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 as well as learned A.G.A. and perused the record.

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Supplementary affidavit filed on behalf of the applicant is taken on record.

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The F.I.R. in question was lodged against unknown persons alleging therein that the daughter of the informant was missing. Subsequently, her body was found and the applicant was linked with the offence in question based upon the statement that the deceased was last seen with the applicant.

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Learned counsel for the applicant states that the statement relied upon against the applicant to link him with the offence in question as alleged by the informant and on the basis of the CCTV footage, the applicant was linked with the crime in question. It is further argued that on the basis of the analysis of the CCTV footage, no opinion has been formed as is evident from the document filed alongwith the supplementary affidavit dated 19.4.2024. He further argued that the informant has not supported her earlier statement and has specifically resiled from her statement that the deceased was last seen with the applicant. Hence, the applicant who is languishing in jail since 14.10.2023 having no criminal history may be enlarged on bail.

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Learned A.G.A. has opposed the prayer for bail.

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Considering these two developments, the applicant who is in custody since 14.10.2023 having no criminal history, is entitled to be enlarged on bail.

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Accordingly, the bail application is allowed.

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Let the applicant Karan Soni be released on bail in FIR/ Case Crime No.346 of 2023, under Sections 364, 302, 201 I.P.C., Police Station Kotwali Nagar, District Balrampur on his furnishing personal bonds and two reliable sureties each in 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;

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(b) The applicant shall not commit any offence similar to the offence of which she 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 her from disclosing such facts to the Court or to any police officer or tamper with the evidence.

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Order Date :- 28.8.2024

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Shukla

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

Karan Soni v. State of U.P. Thru. Prin. Secy. Home Deptt. Lko.

Case brief

What is this about?

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Karan Soni v. State of U.P. Thru. Prin. Secy. Home Deptt. Lko.

Case brief

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What did the court decide?

What the court decided

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