Sattan v. State of U.P.
Case brief
What is this about?
Juvenile court granted bail to Sattan, accused of murder under Section 302 IPC, finding it a fit case without commenting on merits. Bail conditioned on personal bond, sureties, and compliance with trial proceedings.
What did the court decide?
Applicant Sattan released on bail with personal bond and two sureties under stated conditions.
What the court decided
Court No. - 45
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4498 of 2019
Applicant :- Sattan Opposite Party :- State Of U.P. Counsel for Applicant :- Rajesh Kumar Mall 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 contended that applicant has been falsely implicated; that as per averments made in F.I.R. lodged at 12.35 p.m. on 9.4.2018, Shiv Balak Nishad had gone to his Maize fields for supervision at about 7.30 a.m. when Vikas son of co-accused Jaichand Nishad was plucking Maize and was admonished by Shiv Balak Nishad upon which he went home and applicant & co-accused persons arrived at spot and committed marpeet with Shiv Balak Nishad resulting in his death on the spot; that witnesses of F.I.R. in their statements under Section 161 Cr.P.C. have stated that Vikas was beaten by deceased who went to his home at a distance of 70 - 80 steps and accused persons arrived there and committed marpeet with Shiv Balak Nishad, deceased with kicks, fists and sugarcane and when he tried to flee away upto the Chauraha at a distance of 50 steps, accused persons again beaten him there; that applicant has not been assigned with any specific role of causing any particular injury to the deceased; that it appears that when applicant arrived at spot to ask the deceased for beating Vikas being apprehended, he tried to flee away and sustained injuries due to falling down on the ground; that applicant did not cause any injury to deceased; that co-accused Rajkumar Nishad has been granted bail by this Court vide order dated 6.12.2018 passed in Criminal Misc. Bail Application No.42942 of 2018, copy filed at Annexure No.11; that applicant has no criminal history; that applicant undertakes that he will not misuse liberty of bail; that applicant is in custody since 11.4.2018.
Issues for consideration
3 issues framed by the court
Whether the present case is a fit case for granting bail to the applicant accused of murder.
Whether the applicant satisfies the conditions to be released on bail given his complicity and no specific criminal history.
Whether the totality of facts and circumstances warrant bail at this stage without commenting on merits.
Parties & counsel
- applicant
Sattan
Coram
Harsh Kumar
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · February
- Registered
- Case no.
- BAIL/4498/2019
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