Allowed

Adarsh @ Lucky v. State of U.P. Thru. Prin. Secy. Home, Lucknow

Allahabad HC10 Sept 2024BAIL/9664/2024

Case brief

AI extract

What is this about?

Bail application in an attempt-to-murder case where no injury occurred and no test identification parade was conducted. Applicant in jail since June 2024 with no criminal history. Bail allowed subject to standard conditions.

What did the court decide?

Applicant released on bail subject to personal bond and two reliable sureties with conditions including non-tampering with evidence and presence at trial dates.

Adarsh @ Lucky vs State of U.P. Thru. Prin. Secy. Home… — Quashing and FIR | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:62357

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Court No. - 14

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9664 of 2024

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Applicant :- Adarsh @ Lucky Opposite Party :- State Of U.P. Thru. Prin. Secy. Home, Lucknow Counsel for Applicant :- Abhinav Singh Counsel for Opposite Party :- G.A.

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Hon'ble Karunesh Singh Pawar,J.

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

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The present bail application has been filed by accused-applicant seeking bail in Case Crime No.311 of 2024, under Section 307 I.P.C., Section 3/25 Arms Act and Section 7 Criminal Law Amendment Act, P.S. Kotwali Dehat, District Bahraich.

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In the prosecution case it is alleged that on 22.06.2024 at about 01:30 pm while the informant was sitting at his home on a chair and Siraj Dhobi was ironing clothes. At that time, one person came inside the house and fired at him with the weapon in his hand however, he was saved and the unknown persons ran away on the motor-cycle.

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Learned counsel for applicant submits that he has been falsely been implicated in this case. No one has been injured, no test identification parade has been conducted. Only by seeing the CCTV footage, the applicant has been implicated. It is alleged that informant and the witness Siraj has recognize the applicant and thus, he has been probed in this case. Applicant has no criminal history. The charge-sheet has been filed. Applicant is in jail since 24.06.2024.

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

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On due consideration to the submissions advanced, perusal of the record as also the fact that the applicant is languishing in jail since 24.06.2024 having no criminal history, it is a case of no injury, no test identification parade has been conducted, without expressing any opinion on merits of the case, I find it to be a fit case for enlarging the applicant on bail.

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Accordingly, the bail application is allowed .

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Let the applicant Adarsh @ Lucky be released on bail in aforesaid case crime number subject to his furnishing a personal bond and two reliable sureties each in the like amount to the satisfaction of the trial court concerned with the following conditions:

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(i) The applicant will not tamper with the evidence during the trial.

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(ii) The applicant will not pressurize/ intimidate the prosecution witness.

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(iii) 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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(iv) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law.

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(v) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal

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Code.

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(vi) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 174-A of the Indian Penal Code.

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Order Date :- 10.9.2024 Saurabh Yadav/-

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

Adarsh @ Lucky v. State of U.P. Thru. Prin. Secy. Home, Lucknow

Case brief

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Adarsh @ Lucky v. State of U.P. Thru. Prin. Secy. Home, Lucknow

Case brief

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