Santosh v. State of U.P.
Case brief
What is this about?
The court granted bail to Santosh, an accused charged with murder and causing death of a deceased by disposing of the dead body, noting his lack of criminal history and specific role assignment to a co-accused.
What did the court decide?
The applicant was released on bail by furnishing a personal bond and two sureties each in the like amount.
What the court decided
Court No. - 50
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9015 of 2019
Applicant :- Santosh Opposite Party :- State Of U.P. Counsel for Applicant :- Bhishm Pal Singh Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Heard learned counsel for the applicant, Sri Mayank Mishra (B.H.), learned counsel appearing for the State and perused the record.
According to prosecution case, F.I.R. was lodged against three accused persons, namely, Nandkishore, Dharmendra Singh, Santosh and some other villagers alleging that father of the applicant was killed by assaulting with iron rod by Nandkishore. Later on, they disposed of the dead body of the deceased by cremation.
It is submitted by learned counsel for the applicant that the applicant is languishing in jail since 8.10.2018 (more than four and half months) having no criminal history. Specific role of assault has been assigned to co-accused Nandkishore. The case of the is distinguishable from the case of co-accused Nandkishore. There is no independent witness against the applicant. There is no eye witness account against the applicant and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact as argued by learned counsel for the applicants and admitted that applicants have no criminal history and also admitted the above facts stated by the learned counsel for the applicant.
Issues for consideration
2 issues framed by the court
Whether bail should be granted to the accused who plays a specific role in the offence and has no criminal history.
Whether the application is a fit case for bail considering the nature of allegation and period of custody.
Parties & counsel
- applicant
Santosh
- respondent
State Of U.P.
Coram
Aniruddha Singh
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · March
- Registered
- Case no.
- BAIL/9015/2019
Similar cases
Judgements on the same questions, provisions and authorities, from every court