Raju v. State of U.P.
Case brief
What is this about?
Single judge allowed bail to the applicant, Raju, charged with culpable homicide not amounting to murder. The court cited prolonged custody, no prior criminal record, and lack of motivation to tamper with evidence as grounds for release.
What did the court decide?
Bail allowed upon furnishing personal bond and two sureties each in like amount.
What the court decided
Court No. - 50
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6420 of 2018
Applicant :- Raju Opposite Party :- State Of U.P. Counsel for Applicant :- Shyam Sunder Mishra,Rajesh Kumar Verma Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Counter affidavit filed today is taken on record.
Heard learned counsel for the applicant, learned A.G.A for the State and perused the record.
According to prosecution case, the F.I.R. was lodged against five accused persons, namely Shivnandan, Raju, Dharmendra Kumar, Sangeeta Devi and Ruprani alleging that on 2.8.2017 they assaulted Rakesh Kumar. He received three injuries. Two were on head and one was on shoulder. He died after three days of the incident.
Learned counsel for the applicant submitted that applicant applicant is languishing in jail since 23.10.2017 (more than one year and one month); having no criminal history; the applicant is innocent and has been falsely implicated in the present case; general role has been assigned to all accused; Raju was present at the time of inquest report; there was no intention or knowledge to kill the deceased; incident was taken on spur of moment; there is no independent witness and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial. Learned counsel for the applicant further submitted that there is no possibility of case being decided in near future.
Issues for consideration
3 issues framed by the court
Whether the applicant, charged with culpable homicide not amounting to murder, should be granted bail.
Whether the long period of custody and lack of criminal history justify granting bail.
Whether the bail application is a fit case for granting bail.
Parties & counsel
- applicant
Raju
Coram
Aniruddha Singh
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · November
- Registered
- Case no.
- BAIL/6420/2018
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