Amit v. State of U.P.
Case brief
What is this about?
This judgment grants bail to an applicant charged with murder. The court allowed the application relying on the fact that a co-accused with a similar role was previously granted bail, noting no independent evidence against the applicant.
What did the court decide?
Applicant released on bail upon furnishing a personal bond and two sureties subject to conditions regarding evidence tampering and appearance.
What the court decided
Court No. - 50
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12528 of 2019
Applicant :- Amit Opposite Party :- State Of U.P. Counsel for Applicant :- Awadhesh Kumar Mishra Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Supplementary 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, F.I.R. was lodged against Pratap and two unknown person alleging that on 18.8.2018 they assaulted Kapil with knife, he received injuries, resultantly died. During investigation, name of Pawan, Amit and Rubina was surfaced and it was found that co-accused Pratap killed deceased with the help of other accused.
It is submitted by learned counsel for the applicant that coaccused namely Smt. Rubina has been granted bail by coordinate Bench of this Court vide order dated 22.10.2018 in Criminal Misc. Bail Application No. 38702 of 2018, since the role of the applicant is not distinguishable with the role of co-accused, therefore, the applicant is also entitled for bail. The applicant is innocent and has been falsely implicated in the present case. Main role of assault and motive are against co-accused Pratap. The case of applicant is distinguishable from co-accused Pratap. There is no independent witness and no legal evidence against the applicant. Applicant was not named in the F.I.R. Nothing was recovered from the possession of applicant. Offences levelled against the applicant are not attracted in the present case. He is languishing in jail since 25.8.2018 (more than seven month) criminal history three cases has been properly explained and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
Issues for consideration
1 issue framed by the court
Whether the applicant is entitled to bail on the grounds of parity with a co-accused already granted bail and absence of independent evidence.
Parties & counsel
- applicant
Amit
Coram
Aniruddha Singh
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · April
- Registered
- Case no.
- BAIL/12528/2019
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