Azad v. State of U.P.
Case brief
What is this about?
The Single Judge granted bail to the applicant in a murder case under Section 302 IPC. No further comments were made on the merits, but directions were issued regarding the conduct of the applicant during the trial.
What did the court decide?
The applicant is released on bail by furnishing a personal bond and two sureties with specific conditions of conduct.
What the court decided
Court No. - 16 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5904 of 2020
Applicant :- Azad Opposite Party :- State of U.P. Counsel for Applicant :- Pankaj Roy Counsel for Opposite Party :- G.A.
Hon'ble Samit Gopal,J.
Heard Sri Pankaj Roy, learned counsel for the applicant, 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 Azad seeking enlargement on bail during trial in connection with case crime no.0096 of 2019, under Section 302 I.P.C., P.S. Bargarh, District Chitrakoot.
Learned counsel for the applicant argued that in the first information report lodged by Smt. Phirdaus Begum wife of the deceased Abdul Vaheed alias Chhannu general role has been assigned to the applicant along with two other named coaccused Mahboob Driver and Ruksana alias Pooja alias Sunita and one unknown person. Subsequently in her statement recorded during investigation which is annexed as annexure-4 to the affidavit the role of assaulting deceased on his neck by knife has been assigned to co-accused Mahboob Driver whereas other accused persons have been assigned the role of catching hold the deceased. Smt. Phirdaus Begum is said to be eye witness of the incident. It is further argued that the applicant being in jail since 27.09.2019 has no criminal history as stated in para-22 of the affidavit. Case of the applicant is distinguishable from that of co-accused.
Per contra, learned AGA opposes the prayer for bail and argued that in the statement of Asif Ahmad (Annexure-5 to the affidavit) who is son of the deceased, specific role of assaulting has been assigned to co-accused Mahboob.
Issues for consideration
2 issues framed by the court
Whether to grant bail to the applicant in a murder case during trial.
Whether to impose appropriate conditions on the grant of bail.
Parties & counsel
- applicant
Azad
Coram
Samit Gopal
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · February
- Registered
- Case no.
- BAIL/5904/2020
Similar cases
Judgements on the same questions, provisions and authorities, from every court