Pawan v. State of U.P.
Case brief
What is this about?
The High Court granted bail to Pawan, an accused in a murder case. Recognizing co-accused were on bail and lack of danger to witnesses, the court imposed heavy sureties and strict conditions regarding court attendance and evidence filing.
What did the court decide?
Release of applicant on bail on furnishing personal bond and two heavy sureties subject to strict conditions regarding court attendance and filing the order digitally.
What the court decided
Court No. - 72
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 18701 of 2020 Applicant :- Pawan Opposite Party :- State of U.P. Counsel for Applicant :- Ramanuj Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Saumitra Dayal Singh,J.
- Heard learned counsel for the applicant and learned AGA for the State and perused the material placed on record.
- The instant bail application has been filed on behalf of the applicant- Pawan with a prayer to release him on bail in Case Crime No-91 of 2018, under Sections-302/34 I.P.C., Police Station-Pisawa, District-Aligarh , during pendency of trial.
- From perusal of the bail application and the affidavit filed in support thereof, it appears, at present:
(i) the applicant is accused of offences under Sections302/34 I.P.C.;
(ii) against FIR lodged on 22.05.2018, the applicant is in confinement since 12.01.2019;
(iii) the applicant claims to have cooperated in the investigation. In any case, he is not shown to have unduly evaded arrest, inasmuch as he is not named in the FIR or during initial investigation;
Issues for consideration
3 issues framed by the court
Whether bail should be granted to the applicantcharged under Sections 302/34 IPC in light of co-accused being enlarged on bail and no evidence of tampering with witnesses.
What conditions should be imposed on the release of the applicant on bail.
How the directions regarding the release on personal bond due to the lockdown under Article 226 and 227 of the Constitution apply to this case.
Parties & counsel
- applicant
Pawan
- respondent
State of U.P.
Coram
Saumitra Dayal Singh
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · July
- Registered
- Case no.
- BAIL/18701/2020
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