Suresh v. State of U.P.
Case brief
What is this about?
Single judge granted bail to Suresh in a second application after accepting a supplementary affidavit that corrected the evidence used to reject the first plea, noting no previous criminal history.
What did the court decide?
Granted bail contingent upon personal bond, two sureties, and strict adherence to conditions regarding tampering and appearance.
What the court decided
1
Court No. - 51 Case :- CRIMINAL MISC. 2nd BAIL APPLICATION No. - 38056 of 2018 Applicant :- Suresh Opposite Party :- State Of U.P. Counsel for Applicant :- Mahendra Pratap Yadav Counsel for Opposite Party :- G.A.
Hon'ble Vipin Sinha,J.
Supplementary affidavit dated 06.01.2019 has been filed today in the Court on behalf of the applicant, the same is taken on record.
Heard Sri Mahendra Pratap Yadav, learned counsel for the applicant and Sri V. K. Pandey, learned AGA appearing on behalf of the State.
This bail application moved on behalf of applicant Suresh, praying to enlarge the applicant on bail in Case Crime No.1019 of 2016, under Sections 302, 201, IPC, Police Station Mahul, District Sant Kabir Nagar. This is the second bail application filed on behalf of the applicant. The first bail application of the applicant was rejected by this Court on 21.03.2017 at that stage.
The contention of the counsel for the petitioner in the second bail application that the first bail application of the applicant has been rejected on basis of the statement of one Jitendra Kumar. He further submitted that a supplementary affidavit has been filed today alongwith the statement of the said Jitendra Kumar (as annexure no.1), who has been further examined as P.W.-8, in which he has clearly stated that ^^xkaWo esa lquk Fkk dh T;ksafr dh gR;k gks xbZ gS ?kVuk ds le; eSa fnYyh esa ugh Fkk cfYd ?kj ij FkkA** The applicant is in jail since 30.10.2016 with no previous criminal history.
Issues for consideration
1 issue framed by the court
Whether the applicant is entitled to bail in a second bail application where the adverse evidence relied upon in the first rejection has been clarified by a supplementary affidavit.
Parties & counsel
- applicant
Suresh
Coram
Vipin Sinha
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · April
- Registered
- Case no.
- BAIL/38056/2018
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