Imrat v. State of U.P.
Case brief
What is this about?
Court allowed bail to applicant under extraordinary circumstances due to lack of instruction from the State prosecutor and uncertainty regarding the fatal injury, imposing strict conditions.
What did the court decide?
Released on bail on a personal bond subject to conditions, payable sureties required after courts resume normal functioning.
What the court decided
Court No. - 67
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 35484 of 2020
Applicant :- Imrat Opposite Party :- State of U.P. Counsel for Applicant :- Rakesh Kumar Pandey Counsel for Opposite Party :- G.A.
Hon'ble Rahul Chaturvedi,J.
Despite of time granted on 10.11.2020 responding to the request made by learned A.G.A. that he has not received instruction in the matter, even today the things have not changed materially. Again learned A.G.A. mentioned that he has not received instruction in the matter. The applicant cannot be kept on the mercy of the State/Prosecutor. Left with no option, the Court is constrained to proceed and decide the matter.
Heard Shri Diwakar Tiwari, Advocate holding brief of Shri Rakesh Kumar Pandey, learned counsel for the applicant, learned A.G.A. and also perused the record.
The applicant is facing prosecution in Case Crime No. 14 of 2020, under Sections 147, 148, 323, 304, I.P.C., Police StationSaujana, District-Lalitput and is in jail since 25.05.2020.
Submission of learned counsel for the applicant is that the widow of the deceased has lodged the present F.I.R. on the next day i.e. on 23.05.2020 against eight named accused persons including the applicant attributing a general role of assault by lathi and kulhadi upon her husband Prabhudayal Khangar. The post-mortem report reveals that there are total three injuries over the person out of which one is at the head region. A general and omnibus role has been attributed to all the accused persons for the alleged assault. It is contended by the counsel that the deceased himself was having a long criminal history. Taking into account the nature of the allegation, from the assault made by the respective weapons i.e. lathi and kulhadi, it is not clear that who is the real author of the deadly fatal injury.
Issues for consideration
2 issues framed by the court
Whether the applicant has made out a case for bail given the lack of effective instruction from the public prosecutor and the ambiguous nature of the fatal injury.
What conditions of bail should be imposed in extraordinary circumstances where courts are not functioning normally.
Parties & counsel
- applicant
Imrat
- respondent
State of U.P.
Coram
Rahul Chaturvedi
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · November
- Registered
- Case no.
- BAIL/35484/2020
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