Sonu v. State of U.P. and Anr.
Case brief
What is this about?
Appeal against bail rejection allowed. Bench held appellant made out a case for bail given co-accused granted bail and lack of independent witness. Bail granted with standard conditions.
What did the court decide?
Impugned order setting aside; appellant released on bail with personal bond and two sureties.
What the court decided
Court No. - 55
Case :- CRIMINAL APPEAL No. - 1276 of 2018
Appellant :- Sonu Respondent :- State Of U.P. And Anr. Counsel for Appellant :- Ajay Dubey,Tripurari Pal Counsel for Respondent :- G.A.
Hon'ble Aniruddha Singh,J.
Counter affidavit filed today by learned AGA is taken on record.
Heard learned counsel for the appellant and learned AGA for the State, and perused the record. Notice upon opposite party No.2 has been served.
This criminal appeal has been filed against order dated 13.2.2018 passed by Special Judge(SC/ST Act), Agra in Bail Application No. 664 of 2018(Sonu vs. State of U.P.) arising out of Case Crime No. 260 of 2017 under Section 323, 304 IPC and 3(2)(5) SC/ST Act, Police Station Dauki, District Agra whereby bail application of appellant was rejected.
Brief facts of the case are that FIR was lodged against Sonu and Manish alleging that on 2.8.2017 at 4 A.M. they assaulted Man Devi who received two swelling on head & one abrasion and died resultantly.
Learned counsel for the appellant submitted that co-accused Manish has been enlarged on bail by coordinate Bench of this Court vide order dated 13.12.2017 passed in Criminal Misc. Bail Application No. 6141 of 2017(bail order is at page 52-53). The appellant has been falsely implicated. General role was assigned to both the accused and there is no independent witness. Initially NCR was lodged, after death Section 304 IPC was added. The appellant is languishing in jail since 25.1.2018(more than three and half month) having no criminal history and if he is enlarged on bail, he will not abscond or tamper with the evidence.
Issues for consideration
2 issues framed by the court
Whether appellant is entitled to bail considering co-accused granted bail under identical circumstances
Whether impugned order rejecting bail on the said appeal should be set aside
Parties & counsel
- appellant
Sonu
- respondent
State Of U.P.
Coram
Aniruddha Singh
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · May
- Registered
- Case no.
- CRLA/1276/2018
Similar cases
Judgements on the same questions, provisions and authorities, from every court