Bhim Sen v. State of U.P.
Case brief
What is this about?
Court allowed bail to the applicant in a trial case involving homicide and affray, imposing conditions to prevent evidence tampering and ensuring attendance for trial proceedings.
What did the court decide?
Applicant released on bail on furnishing personal bond and two sureties subject to specific conditions.
What the court decided
Court No. - 16
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5878 of 2020
Applicant :- Bhim Sen Opposite Party :- State of U.P. Counsel for Applicant :- Rahul Saxena Counsel for Opposite Party :- G.A.
Hon'ble Samit Gopal,J.
Sri Sanaj Kumar Yadav, learned counsel files his vakalatnama on behalf of the complainant. The same is taken on record.
Supplementary affidavit filed by the learned counsel for the applicant is taken on record.
Heard Sri Satish Trivedi, learned Senior Advocate assisted by Sri Rahul Saxena, Advocate for the applicant, Sri Sanaj Kumar Yadav, learned counsel for the complainant and learned A.G.A. and perused the material on record.
This bail application under Section 439 of Code of Criminal Procedure has been filed by the applicant Bhim Sen seeking enlargement on bail during trial in connection with case crime no.181 of 2019, under Sections 147, 148, 149, 307 and 302 I.P.C., P.S. Deoria Kalan, District Pilibhit.
Learned Senior Counsel for the applicant argued that only role assigned to the applicant in the first information report and even in the statements of the injured Raj Kumar and Parmeshwari is of exhortation only. The role of shooting has been assigned to co-accused Narendra upon the deceased Ajaypal. The role of the applicant is distinguishable.
Issues for consideration
1 issue framed by the court
Whether bail should be granted to the applicant in a charge-sheeted case involving serious offences.
Parties & counsel
- applicant
Bhim Sen
- respondent
State of U.P.
Coram
Samit Gopal
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · February
- Registered
- Case no.
- BAIL/5878/2020
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