Allowed

Aaditya @ Karan v. State of U.P. and Another

Allahabad HC7 Nov 2024CRLA/10875/2024

Case brief

AI extract

What is this about?

Appearing for the first time, the Allahabad High Court heard a bail application challenging Sections 307, 323, 504, 506 IPC. Finding the injuries not dangerous to life and acknowledging corroborating evidence from co-accused, the Court allowed bail with standard conditions.

What did the court decide?

Release on personal bond and two sureties subject to conditions of not tampering with evidence or witnesses.

Aaditya @ Karan vs State of U.P. and Another — Murder and Culpable Homicide | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC:195783

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Court No. - 83

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Case :- CRIMINAL APPEAL No. - 10875 of 2024

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Appellant :- Aaditya @ Karan Respondent :- State of U.P. and Another Counsel for Appellant :- Manoj Kumar Rai Counsel for Respondent :- G.A.

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Hon'ble Ms. Nand Prabha Shukla,J.

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Heard learned counsel for the appellant, learned counsel for the informant as well as learned Additional Government Advocate for the State of U.P. and perused the record.

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The present bail application has been filed by the appellant seeking bail in Case Crime No. 252 of 2024, under Sections 307, 323, 504, 506 I.P.C. and Section 3(2)V, Police Station- Sadar Bazar, District - Saharanpur.

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Learned counsel for the appellant submits that the appellant is innocent and has been falsely implicated in the present case. He further submits that no specific role has been assigned to the appellant nor any motive has been assigned. There was no intention to commit the offence. In the alleged incident dated 03.05.2024, it is stated that informant sustained injuries and has been medically examined. As per the injury report, injury sustained by the informant is not dangerous to life. It is also stated that three persons have sustained injuries from the appellant side and one injured has died during treatment and there is a cross version and an F.I.R has been lodged by the co-accused against the first informant. Appellant has no criminal history. Learned counsel for the appellant further submitted that the co-accused has been granted bail by the Co-ordinate Bench of this Court in Criminal Misc. Bail Application No. 27602 of 2024 vide order dated 12.08.2024 and the appellant is languishing in jail since 19.09.2024. In case, appellant is released on bail, he will not misuse the liberty of bail and will cooperate in trial.

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Learned A.G.A. has, however, opposed the prayer for grant of bail but could not dispute the aforesaid facts.

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Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties, nature of evidence and all attending facts and circumstances of the case, without expressing any opinion on merits of the case, the Court is of the view that the appellant has made out a case for bail. The bail application is allowed.

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Let the appellant- Aaditya @ Karan involved in the aforesaid crime be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of court concerned subject to the following conditions:

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(1). The appellant will not tamper with the prosecution evidence during the trial.

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(2). The appellant will not influence any witness.

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(3). The appellant will appear before the trial Court on the date fixed, unless personal presence is exempted.

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(4). The appellant 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 to any police officer or tamper with the evidence.

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In case of breach of any of the above condition, the prosecution shall be at liberty to move an application before this Court seeking cancellation of the bail.

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Order Date :- 13.12.2024/Ruhi H.

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Digitally signed by :- RUHI HASAN High Court of Judicature at Allahabad

Aaditya @ Karan v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Aaditya @ Karan v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

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