Sajju v. State of U.P.
Case brief
What is this about?
Single judge allowed bail to the applicant Sajju in a criminal case involving culpable homicide and assault under IPC, emphasizing lack of evidence regarding the weapon used and the hazard of tampering with witnesses.
What did the court decide?
The applicant be released on bail by furnishing a personal bond with two sureties subject to conditions regarding attendance and not tampering with witnesses.
What the court decided
Court No. - 55
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12319 of 2018
Applicant :- Sajju Opposite Party :- State Of U.P. Counsel for Applicant :- Gaurav Kakkar Counsel for Opposite Party :- G.A.,Pavan Kumar
Hon'ble Vivek Kumar Singh,J.
Heard Sri Gaurav Kakkar, learned counsel for the applicant and learned A.G.A. appearing for the State.
Learned counsel for the applicant in support of his prayer for bail submits that the applicant is innocent and he has been falsely implicated in the present case on account of suspicion. It is further submitted that as per FIR version the applicant caused knife injury upon Arbaj and as per the x-ray report of Arbaj he has received injury by a hard and blunt object thus the injury caused to Arbaj cannot be said to be caused by a knife. Except this there is no evidence against the applicant. It is also submitted that the role assigned to co-accused Musharib Anshari and Shehabaz alias Guddu have been granted bail by another coordinate Bench of this Court. It has also been submitted that the applicant is languishing in jail since 21.2.2018. The applicant has no other reported criminal antecedent.
Learned A.G.A. opposed the prayer for bail.
Considering the nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tempering of the witnesses and prima facie satisfaction of the Court in support of the charge and reformative theory of punishment, the applicant is entitled to be released on bail in this case.
Issues for consideration
2 issues framed by the court
Whether to grant bail to the applicant in the case under Sections 307, 34, 323, 324, 504 IPC.
Whether the applicant is entitled to be released on bail without expressing opinion on merits.
Parties & counsel
- applicant
Sajju
Coram
Vivek Kumar Singh
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · August
- Registered
- Case no.
- BAIL/12319/2018
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