Raju v. State of U.P.
Case brief
What is this about?
The High Court granted bail to the applicant in a criminal trial case involving assault and apprehension of grievous hurt, subject to conditions including attendance, ensuring no adjournments, and personal bonds.
What did the court decide?
Released on bail on furnishing personal bond and two local sureties subject to specific conditions regarding attendance and conduct during trial.
What the court decided
Court No. - 78
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 49702 of 2019
Applicant :- Raju Opposite Party :- State of U.P. Counsel for Applicant :- Saurabh Yadav Counsel for Opposite Party :- G.A.
Hon'ble Mrs. Manju Rani Chauhan,J.
Heard Sri Saurabh Yadav, learned counsel for the applicant, Sri Lalji Maurya, learned counsel for the State and perused the material on record.
The instant bail application has been filed on behalf of the applicant, Raju with a prayer to release him on bail in Case Crime No. 110 of 2019, under Sections 452, 323, 504, 308 IPC, Police Station- Uswan, District- Budaun , during pendency of trial.
It is argued by the learned counsel for the applicant that general role of assaulting the injured has been assigned to as many as four accused persons including the applicant in the first information report as well as in statement of the injured. No specific role is attributed to the applicant. It is further argued that as per the injury report, except the injury no.1, which is grievous in nature, all the injuries caused by the injured are simple in nature. However, it has not been specified in the statement of the injured as to who is the author of the said injury, which is grievous in nature. The applicant has no criminal history except the present case and is languishing in jail since 11.09.2019. In case, he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial by all means. Lastly, it is submitted that there is no chance of applicant fleeing away from judicial process or tampering with the witnesses.
Issues for consideration
1 issue framed by the court
Whether the applicant is entitled to release on bail in a trial pending case framed under sections 452, 323, 504, 308 IPC.
Parties & counsel
- applicant
Raju
Coram
Manju Rani Chauhan
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · November
- Registered
- Case no.
- BAIL/49702/2019
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