Sonu v. State of U.P.
Case brief
What is this about?
Application for bail in a criminal matter involving sections 147, 148, 149, 307, 323, 427, 452, 504, and 506 IPC. The applicant alleged false implication and injury severity supporting bail. Bail granted.
What did the court decide?
Release on bail by furnishing a personal bond and two sureties, subject to specific conditions regarding trial attendance and absence.
What the court decided
Court No. - 78
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13068 of 2021
Applicant :- Sonu Opposite Party :- State of U.P. Counsel for Applicant :- Sunil Kumar Tiwari,Daya Shanker Pandey Counsel for Opposite Party :- G.A.,Manoj Singh
Hon'ble Shekhar Kumar Yadav,J.
This matter is listed for hearing through video conferencing. Link has been sent to the respective learned counsels. Learned Counsel for the applicant and learned A.G.A. for the State are connected through the link.
Heard learned counsel for the applicant as well as learned A.G.A for the State and perused the record.
By means of this application, the applicant who is involved in Case Crime No.15 of 2021, under Sections 147, 148, 149, 307, 323, 427, 452, 504 and 506 IPC, Police Station Purkaji, District Muzaffar Nagar, is seeking enlargement on bail during the trial.
Submission made by learned counsel for the applicant is that the applicant has been falsely implicated in the present case. He further submits that no specific role has been assigned to the applicant and only general allegations have been levelled against the applicant. According to the medical report, all injuries are simple in nature and not on the vital part of the body as such, no case is made out under Section 307 I.P.C. He further submits that the co-accused Monu has already been released on bail vide order dated 02.06.2021 passed by this Court in Criminal Misc. Bail Application No.16413 of 2021. Learned counsel for the applicant submits that the applicant is also entitled for bail on the ground of parity and if the applicant is released on bail the applicant undertakes that he will not misuse the liberty of bail. The applicant has no criminal history. He further submits that the applicant is innocent and he is languishing in jail since 25.01.2021.
Issues for consideration
2 issues framed by the court
Whether the applicant is entitled to bail on the grounds of false implication, lack of specific role, and parity.
Whether the nature of injuries and medical report negates a case under Section 307 IPC for bail purposes.
Parties & counsel
- applicant
Sonu
Coram
Shekhar Kumar Yadav
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · June
- Registered
- Case no.
- BAIL/13068/2021
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