Surendra v. State of U.P.
Case brief
What is this about?
Hon'ble Aniruddha Singh, J. allowed the bail application filed by Surendra, holding it a fit case in the absence of factors warranting rejection.
What did the court decide?
Released on bail with sureties subject to conditions regarding tampering, intimidation, appearance, and committing no new offence.
What the court decided
Court No. - 50
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2224 of 2019
Applicant :- Surendra Opposite Party :- State Of U.P. Counsel for Applicant :- Rama Shankar Mishra Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Supplementary affidavit filed today is taken on record.
Heard Sri Rama Shankar Mishra, learned counsel for the applicant, Sri Pankaj Rai, brief holder for the State and perused the record.
According to prosecution case, F.I.R. was lodged on 9.7.2018 (after four days of incident) against four accused persons, namely Ajaypal, Surendra, Jitan and Tikaram alleging that on 5.7.2018 they assaulted Manju with lathidanda and iron rod, she received two injuries, one on head, resultantly died.During trial, P.W. 1 complainant Ram Singh was examined, he stated that Ajay Pal and Jeetan armed with lathi and head injury was caused by co-accused Ajay Pal due to which she died.
It is submitted by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. The role of the applicant was catching hold only. Main role of causing head injury was assigned to coaccused Ajay Pal. There is no independent witness against the applicant. Offences levelled against the applicant are not attracted in the present case. He is languishing in jail since 10.7.2018 (more than six month) having no criminal history and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
Parties & counsel
- appellant
Surendra
- respondent
State Of U.P.
Coram
Aniruddha Singh
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · January
- Registered
- Case no.
- BAIL/2224/2019
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