Akash v. State of U.P.
Case brief
What is this about?
The High Court allowed the bail application of the accused petitioner Akash, granting him release on bail in a case involving murder and attempted murder charges, subject to furnishing a personal bond and two sureties.
What did the court decide?
The applicant Akash be released on bail in Case Crime No.806 of 2015 upon furnishing a personal bond and two sureties each in the like amount.
What the court decided
Court No. - 45
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 49313 of 2018
Applicant :- Akash Opposite Party :- State Of U.P. Counsel for Applicant :- Varun Kumar 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 contended that the applicant has been falsely implicated in the F.I.R. lodged under sections 307 and 506 IPC on 7.9.2015; that injured Shrawan is alleged to have been caught by applicant and fire arm injury is alleged to have been caused by Nishu; that applicant was granted bail by another Bench of this Court vide order dated 21.12.2015 passed in Criminal Misc. Bail Application No.45894 of 2015 under sections 307 and 506 IPC (Annexure No.7), but subsequently upon death of Shrawan on 29.5.2016, the case was converted under section 302 IPC; that applicant has not misused the liberty of bail and his case is distinguishable from co-accused Nishu; that applicant after having been granted bail on 21.12.2015, the applicant again surrendered on 19.11.2018, but his bail was refused by Sessions Court; that applicant has no criminal history; that the applicant undertakes that he will not misuse the liberty of bail; that the applicant is in custody since 19.11.2018.
Learned A.G.A. vehemently opposed the prayer of bail.
Upon hearing learned counsel and perusal of record and considering the complicity of accused, severity of punishment as well as totality of facts and circumstances, at this stage without commenting on the merits of the case, I find it a fit case for bail.
Issues for consideration
1 issue framed by the court
Whether the criminal miscellaneous bail application should be allowed in a case involving alleged false implication in an FIR under sections 302, 307 and 506 IPC.
Parties & counsel
- applicant
Akash
Coram
Harsh Kumar
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · January
- Registered
- Case no.
- BAIL/49313/2018
Similar cases
Judgements on the same questions, provisions and authorities, from every court