Shahrukh v. State of U.P.
Case brief
What is this about?
The High Court in Chamber allowed a bail application by granting release on bond, noting discrepancies in prosecution records and medical history regarding the deceased.
What did the court decide?
Released on bail upon furnishing a personal bond of Rs.50,000/- and two sureties of like amount subject to conditions including cooperation with trial and non-interference.
What the court decided
In Chamber
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9338 of 2020
Applicant :- Shahrukh Opposite Party :- State of U.P. Counsel for Applicant :- Rakesh Dubey,Mohd Raghib Ali,Sharique Ahmed Counsel for Opposite Party :- G.A.
Hon'ble Vivek Agarwal,J.
Heard Sri Sageer Ahmad, learned Senior Advocate assisted by Sri Sharique Ahmad for the applicant and Sri Janardan Prakash, learned AGA for the State.
This is second bail application.
As per the compliance affidavit filed by learned AGA under the signatures of Sri Ashish Kumar son of Sri Vishram Singh Yadav, sub-Inspector of Police Station-Kotwali, DistrictMathura, Annexure-1 reveals that there was large hematoma present in right side parietal region free and clotted blood present. In column 17 of the post mortem report, it is mentioned that there is one abraded contusion 3 c.m X 2 c.m. in size on the right parietal region to abrasion right eyebrow.
On the contrary, as per the medico legal examination form for injured person pertaining to deceased Bharat Yadav dated 18.05.2019 which has been issued by District Hospital Mathura under signatures of Dharamveer Singh, it is mentioned that when deceased was brought to the District Hospital on examination was found to had red contusion swelling 5 c.m. X 4 c.m. below left eye, abrasion 3 c.m. X 1 c.m. on right side neck midline and contusion 2 c.m. X 1 c.m. on each collar bone in part. In the post mortem report, it is mentioned that cause of death is ante mortem injury and death took place on
Issues for consideration
1 issue framed by the court
Whether the applicant should be released on bail in a criminal case involving cruelty, hurt, criminal intimation, criminal trespass, mischief, and culpable homicide not amounting to murder.
Parties & counsel
- applicant
Shahrukh
Coram
Vivek Agarwal
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · December
- Registered
- Case no.
- BAIL/9338/2020
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