Raju v. State of U.P.
Case brief
What is this about?
Single Bench of Criminal Misc. Bail Application allowing bail to the applicant accused in a case of culpable homicide sufficient to cause death and affray, observing him as a fit case for bail considering co-accused bail and mode of impingement.
What did the court decide?
Release of applicant Raju on bail on a personal bond and two sureties with conditions to attend trial, not tamper with evidence and not engage in unlawful activities.
What the court decided
Court No. - 45
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2580 of 2019
Applicant :- Raju Opposite Party :- State Of U.P. Counsel for Applicant :- Arun Srivastava,Neelabh Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Harsh Kumar,J.
Heard learned counsel for the applicant, learned A.G.A. and perused the record.
Learned counsel for the applicant contends that applicant has been falsely implicated; that in F.I.R. common and general role of causing injuries to Sukhram deceased has been assigned to four persons and no specific role has been assigned to applicant; that the real fact is that at the time of incident Sukhram along with his brother and associates started abusing and when was opposed they committed mar-pit with lathi-danda and caused multiple injuries to Arjun and Nilam wife of applicant of which F.I.R. was lodged by Ramwati wife of Arjun at Case Crime No.76 of 2018; that prosecution party was aggressor and applicant was not aggressor; that in any case even if a free-fight did take place the applicant may not be considered to be aggressor; that co-accused Arjun, Veeru @ Veerpal and Videsh have been granted bail by other Benches of this Court vide orders dated 31.10.2018 & 10.1.2019 passed in Criminal Misc. Bail Application Nos.41460 of 2018 & 49406 of 2018, copy at Annexure-7 and produced for perusal which is taken on record; that case of applicant is identical to that of above co-accused who have been granted bail; that applicant has no criminal history; that applicant undertakes that he will not misuse the liberty of bail; that applicant is in custody since 11.3.2018.
Learned A.G.A. opposed the prayer of bail.
Issues for consideration
3 issues framed by the court
Whether the applicant is fit to be granted bail having regard to the gravity of the offence and grant of bail to co-accused.
Whether the applicant can be released on personal bond with appropriate conditions.
Whether the complicity of accused in the case is such as to warrant rejection of bail.
Parties & counsel
- applicant
Raju
Coram
Harsh Kumar
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · January
- Registered
- Case no.
- BAIL/2580/2019
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