Allowed

Bade @ Anuj v. State of U.P. Thru. Prin. Secy. Home Lko.

Allahabad HC30 Jan 2024BAIL/994/2024

Case brief

AI extract

What is this about?

This court allowed a bail application for the applicant in a case involving assault and attempts to commit culpable homicide. The court relied on the confession of a co-accused, the bail granted to another co-accused, and the lack of specific role attributed to the applicant.

What did the court decide?

The applicant is released on bail by furnishing a personal bond with two sureties subject to specific conditions.

Bade @ Anuj vs State of U.P. Thru. Prin. Secy. Home Lko. — Bail and Remand | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:8442

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Court No. - 15

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 994 of 2024

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Applicant :- Bade @ Anuj Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Umesh Chandra Shukla Counsel for Opposite Party :- G.A.

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Hon'ble Mohd. Faiz Alam Khan,J.

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Learned A.G.A. informs that he has procured complete instructions in the matter including upto date case diary of the case and charge sheet in this case has already been submitted.

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

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This bail application has been moved by the accused/applicant- Bade @ Anuj for grant of bail, in Case Crime No. 0240 of 2023, under Sections 323, 504, 506, 452, 308 and 307 of I.P.C., Police Station- Kamlapur, DistrictSitapur, during trial.

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Learned counsel for the accused-applicant while pressing the bail application submits that it is a case of false implication, so far as the applicant is concerned. The allegations of maar-peet with lathi-danda , fists and kicks have been attributed to four accused persons named in the F.I.R. and no specific role of any kind has been assigned to anyone either in the statements of the eye witnesses or in the statement of the injured himself. However, after some days of the incident, an affidavit is shown to have been given by the informant to the appropriate authority pertaining to wrong implication of Buntu S/o Sundar and thus, it could not be ascertained at this time as to who from amongst the accused persons was the author of the fatal injuries sustained by the injured- Vinod.

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It is vehemently submitted that co-accused persons, namely, Buddan @ Arvind and Anil @ Khillu are shown to have been arrested and a danda is shown to have been recovered on the pointing of Buddan @ Arvind and he also confessed while in

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the custody of the police that he had assaulted the injuredVinod on his head and thus, the role of the instant applicant is distinguishable from the role of Buddan @ Arvind and is at par with the role of Anil @ Khillu, who has been granted bail by a Coordinate Bench of this Court vide order dated 02.01.2024 passed in Criminal Misc. Bail Application No.15173 of 2023. The applicant is in jail in this case since 09.08.2023 and he is not having any criminal antecedent, charge-sheet in this case has already been submitted and there is no apprehension that after being released on bail the applicant may flee from the course of law or may otherwise misuse the liberty.

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Learned A.G.A., on the other hand, opposes the prayer of bail of the applicant on the ground that the applicant has committed an heinous offence and having regard to the material/evidence available against the applicant, he is not entitled to be released on bail, but could not controvert the other factual submissions made by learned counsel for the applicant.

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Having heard learned counsel for the parties and having perused the record, it is reflected that general role of assault with lathi-danda , fists and kicks has been assigned to all the accused persons named in the F.I.R. The co-accused person, namely, Buddan @ Arvind and Anil @ Khillu are shown to have been arrested and it was Buddan @ Arvind, who has confessed that he had assaulted the injured- Vinod on his head. Injured- Vinod is the only injured, who has sustained grievous injuries and the same can only be attributed to Buddan @ Arvind. A danda is also shown to have been recovered on his pointing. Charge-sheet in this case has already been filed. Applicant is in jail in this case since 09.08.2023 without any previous criminal history. Identically placed co-accused person, namely, Anil @ Khillu has already been granted bail by a Coordinate Bench of this Court. The presence of the applicant could be secured before the trial court by placing adequate conditions.

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Having regard to the overall facts and circumstances of the case and keeping in view the nature of the offence, evidence, complicity of the accused, severity of punishment, submissions of the learned counsel for the parties and without expressing any opinion on the merits of the case, I am of the considered view that applicant has made out a case for bail. The bail

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application is thus allowed .

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Let the accused/applicant- Bade @ Anuj involved in abovementioned case, be released on bail on his furnishing a personal bond with two sureties in the like amount to the satisfaction of the court concerned subject to following conditions:-

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(i) The applicant shall not tamper with the prosecution evidence by intimidating/pressurizing the witnesses, during the investigation or trial.

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(ii) The applicant shall cooperate in the trial sincerely without seeking any adjournment.

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(iii) The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.

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In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.

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Identity, status and residence proof of the applicant and sureties be verified by the Court concerned before the bonds are accepted.

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Observations made herein-above by this court are only for the purpose of disposal of this bail application and shall not be construed as an expression of this Court on the merits of the case.

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Order Date :- 30.1.2024 Gurpreet Singh

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Digitally signed by :- GURPREET SINGH High Court of Judicature at Allahabad, Lucknow Bench

Bade @ Anuj v. State of U.P. Thru. Prin. Secy. Home Lko.

Case brief

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Bade @ Anuj v. State of U.P. Thru. Prin. Secy. Home Lko.

Case brief

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