Manish Sharma v. State of U.P.
Case brief
What is this about?
The court rejected a bail application under sections 147, 148, 149, 302, 307, 427 IPC. The court found the case serious enough to deny bail, citing indiscriminate firing causing death and 15 injuries, coupled with the accused's criminal history and lack of identification by police.
What did the court decide?
Bail application rejected; applicant remains in custody.
What the court decided
A compact analysis
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 17 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7654 of 2018
Applicant :- Manish Sharma Opposite Party :- State Of U.P. Counsel for Applicant :- A.K. Mishra Counsel for Opposite Party :- G.A.,Nitin Gupta,Swetashwa Agarwal
Hon'ble Dinesh Kumar Singh-I,J.
Learned counsel for the applicant, Sri I.K. Chaturvedi has filed supplementary affidavit-I and supplementary affidavit-II, Sri Swetashwa Agarwal, learned counsel for the complainant has filed short counter affidavit. All the affidavits are taken on record.
This bail application has been moved seeking bail in Case Crime No.1003of 2017 under sections 147, 148, 149, 302, 307, 427, 34 I.P.C., Police Station Indirapuram, District Ghaziabad, during the pendency of trial.
As per FIR, the prosecution case is that on 12.7.2017 the first informant Manoj Kumar along with his brother Chaman were returning from the district court, Ghaziabad in their Maruti Swift after attending the court proceedings in a case at about 2.00-2.15 p.m. when they reached near Hinden canal (Nala), the accused named in the FIR along with two unknown persons riding on three separate motorcycle started indiscriminate firing upon their motorcycle by which Mintu died and Nagendra (driver of the said car) also got injured. The FIR was lodged on 12.7.2017 at about 4.00 P.M.
The contention of the learned counsel for the applicant is that the present accused is not named in the FIR. His name for the first time appeared in the statement of co-accused Boby on 15.7.2017 who stated that he was also involved in this occurrence and was sitting behind the motorcycle when indiscriminate firing was being done. The eye witness's statement was recorded after four days. He also took the name of the present accused that he was also involved in this occurrence. It is further contended that time of occurrence is narrated to be 1.00 p.m. on 12.7.2017. It is further argued that this injured remained admitted only from 12.7.2017 to 13.7.2017 as he did not suffer any serious injury. He was fully conscious. Injuries which are found on his body do not appear to have been caused by any fire arm nor doctor has stated these injuries to have been caused by fire arm. In the postmortem the injuries of the deceased are reported to be 15. These injuries of
Issues for consideration
1 issue framed by the court
Whether bail should be granted to an accused charged with uncommon crimes involving indiscriminate firing resulting in death and injury where the accused has prior criminal history.
Parties & counsel
- applicant
Manish Sharma
Coram
Dinesh Kumar Singh
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · March
- Registered
- Case no.
- BAIL/7654/2018
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