Single judge granted bail to the applicant charged with offences under Sections 323 and 326 IPC, imposing strict conditions regarding appearance in court, prohibition of tampering with witnesses, and cooperation in the trial.
Applicant enlarged on bail on executing personal bond and two sureties on specified conditions.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 72
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 30181 of 2020
Applicant :- Shishupal Opposite Party :- State of U.P. Counsel for Applicant :- Amit Kumar Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Neeraj Tiwari,J.
Heard learned counsel for the applicant and Sri Vinod Kant, learned Additional Advocate General along with Sri Dinesh Kumar Srivastava, learned A.G.A. for the State.
It is submitted by the learned counsel for the applicant that applicant has been falsely implicated in the present case. It is further submitted that general role has been assigned to all three co-accused, therefore, it cannot be ascertained who is author of the injury. By perusal of medical report, no case is made out under Section 326 I.P.C. Applicant has no criminal history and he is in jail since 17.7.2020, undertakes that he will not misuse the liberty, if granted.
Learned A.G.A. has vehemently opposed the prayer but could not dispute the aforesaid facts.
Considering the facts and circumstances of the case and also perusing the material on record, without expressing any opinion on the merit of the case, let the applicant- Shishupal , involved in Case Crime No. 266 of 2020, under Sections- 323, 326 I.P.C., Police Station- Kurawali, District Mainpuri, be enlarged on bail on his executing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned. It is further provided that this bail order available on the official website of the High Court will be taken to be the authentic one and certified copy shall be submitted before that court concerned as soon as it is issued.
This bail order would be subject to the fulfilment of following conditions:-
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Order Date :- 30.9.2020 Arvind
Digitally signed by Justice Neeraj Tiwari Date: 2020.09.30 16:45:43 IST Reason: Document Owner Location: High Court of Judicature at Allahabad
1 issue framed by the court
Whether the applicant should be enlarged on bail under the given circumstances.
5 provisions across 2 enactments
Shishupal
Neeraj Tiwari
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
