Budda v. State of U.P.
Case brief
What is this about?
The court granted bail to the applicant, Budda, in a criminal case regarding a marpeet incident where both sides claimed injuries, noting the existence of cross versions and lack of clear aggression.
What did the court decide?
The applicant Budda was released on bail by furnishing a personal bond and two reliable sureties.
What the court decided
Court No. - 38
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 35066 of 2020
Applicant :- Budda Opposite Party :- State of U.P. Counsel for Applicant :- Shams Uz Zaman Counsel for Opposite Party :- G.A.
Hon'ble Subhash Chand,J.
Heard learned counsel for applicant(s), learned A.G.A. and perused the record.
This bail application has been preferred by the accusedapplicant(s), Budda, who is involved in Case Crime No. 367 of 2020, under Sections 147, 148, 149, 452, 323, 324, 504, 307 I.P.C. P.S.- Nakhasa, District- Sambhal.
As per the prosecution case, the complainant has lodged a first information report against the applicant and other co-accused persons regarding the incident of marpeet took place on 3.8.2020 and 5-6 persons have received injuries. Perusal of paper book further reveals that from the side of accused also a first information report has been lodged against the informant and other co-accused persons, in which 5-6 persons have received injuries.
Learned counsel for the applicant(s) in support of his prayer for bail submits that the applicant(s) is innocent and he has been falsely implicated in the present case. It is further submitted that the applicant is in jail since 3.8.2020 having no criminal antecedents.
Issues for consideration
3 issues framed by the court
Whether this is a fit case for the release of the applicant on bail based on the cross versions of the incident and the absence of established facts regarding aggression.
What conditions should be imposed for the release of the applicant on bail in the present bail application.
Whether the applicant can be released on furnishing a personal bond and two reliable sureties.
Parties & counsel
- applicant
Budda
Coram
Subhash Chand
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · November
- Registered
- Case no.
- BAIL/35066/2020
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