Hadish v. State of U.P.
Case brief
What is this about?
Single judge bench allowed bail to Hadish in a non-bailable offense case. The court noted lack of specific allegations against him and reliance on parity with co-accused, while citing Dataram Singh regarding Article 21.
What did the court decide?
Release on bail via personal bond and two sureties on standard conditions including no tampering and regular appearance.
What the court decided
Court No. - 44
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12825 of 2021
Applicant :- Hadish Opposite Party :- State of U.P. Counsel for Applicant :- M J Akhtar,Mohd. Samiuzzaman Khan Counsel for Opposite Party :- G.A.
Hon'ble Shamim Ahmed,J.
The Court convened through video conferencing .
Heard learned counsel for the applicant, learned A.G.A. appearing for the State and perused the record.
Applicant has moved the present bail application seeking bail in Case Crime No. 742 of 2020 under sections 147, 323, 504, 307 I.P.C. police station Gagaha, District Gorakhpur.
It is submitted by the learned counsel for the applicant that as per the prosecution case, on 15.11.2020, Sachin Rai and Prince Rai sons of Kapil Dev Rai went to Polkhari for construction of Bedi for the purpose of Chhat Puja, where Lalbachan Dhobi, Aakash son of Lal Bachan, Suraj son of Ram Dev, Ratandeep, Dayaram, Amit and applicant came and obstructed in the construction of Bedi and started abusing and also beaten them by Fawda and rod on account of which they sustained grievous injuries on their person.
He submitted that from a perusal of the F.I.R. as well as the statements of the first informant, injured and Majeed Bayan, it is clear that neither any specific allegation has been levelled against the applicant nor any role of causing any injury to the inured has been assigned to him except that he had accompanied the co-accused persons. Nothing has been recovered either from the possession of the applicant or on his pointing out. The applicant has no criminal antecedent.
Issues for consideration
2 issues framed by the court
Whether the applicant is entitled to bail given the lack of specific role in injury and absence of prima facie evidence against him.
Whether the principles of parity regarding co-accused already granted bail apply to the present case.
Parties & counsel
- applicant
Hadish
Coram
Shamim Ahmed
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · June
- Registered
- Case no.
- BAIL/12825/2021
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