Sunder v. State of U.P.
Case brief
What is this about?
High Court dismissed the bail application of the applicant, identifying him as the main accused who caused injury, and directed the trial court to conclude the trial within four months.
What did the court decide?
Bail application rejected; trial court directed to conclude trial within four months.
What the court decided
Court No. - 66
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12592 of 2019
Applicant :- Sunder Opposite Party :- State of U.P. Counsel for Applicant :- Abhishek Gupta,Nanhe Lal Tripathi Counsel for Opposite Party :- G.A.,Kapil Tyagi
Hon'ble Rajul Bhargava,J.
Supplementary affidavit filed by learned counsel for the applicant is taken on record.
Heard Sri S.F.A. Naqbi, learned Senior Advocate assisted by Sri Abhishek Gupta and Sri Nanhe Lal Tripathi, learned counsels for the applicant as well as learned A.G.A. for the State and perused the material placed on the record.
Applicant- Sunder seeks bail in Case Crime No.410 of 2018, under Sections 147, 148, 149, 323, 302, 427, 452 I.P.C., Police Station- Badalpur, District- Gautam Budh Nagar.
Learned Senior Advocate has argued that in the first information report lodged by the father of the deceased, it is alleged that the applicant and four others barged into his house on 28.9.2018 at about 2-3 P.M. and they started damaging the house and also resorted to firing. It is argued that general role of firing has been assigned to all accused in the first information report and other co-accused have been enlarged on bail. Thus the applicant, who is in jail since 29.9.2018, may be enlarged on bail during trial.
Issues for consideration
2 issues framed by the court
Whether the bail application of the main accused should be allowed given his distinct alleged role in causing injury to the deceased.
Whether the trial court should expedite the conclusion of the prosecution within a prescribed timeframe.
Parties & counsel
- applicant
Sunder
Coram
Rajul Bhargava
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · November
- Registered
- Case no.
- BAIL/12592/2019
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