Karan v. State of U.P.
Case brief
What is this about?
In this bail application under Section 439 CrPC, the Single Judge granted bail to the applicant pending trial, citing the delay in lodging the FIR and inconsistencies in the prosecuting witnesses' statements as significant factors.
What did the court decide?
Release on bail on a personal bond and two sureties subject to strict conditions regarding attendance and non-adjournment.
What the court decided
Court No. - 78
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14937 of 2021 Applicant :- Karan Opposite Party :- State of U.P. Counsel for Applicant :- Harish Chandra Pal Counsel for Opposite Party :- G.A.
Hon'ble Shekhar Kumar Yadav,J.
Heard learned counsel for the applicant, learned AGA for the State through video conferencing.
This bail application under Section 439 of Code of Criminal Procedure has been filed by the applicant seeking enlargement on bail during the trial in Case Crime No. 998 of 2020, under Sections 436, 427, 323, 504 IPC, P.S. Izzatnagar, District Bareilly.
It is contended that the applicant has been falsely framed in this case. It is contended that the incident is alleged to have taken place on 21.12.2020 at about 10 p.m. and the FIR was lodged on 22.12.2020 at about 11.12 p.m. after delay of 25 hours without any plausible explanation. It is further submitted that very surprisingly, the injured eye witnesses namely Raju @ Pushpendra Kumar and Somendra Singh in their statements said to have been recorded under Section 161 Cr.P.C. have stated that the incident took place on 22.12.2020, which clearly establish the prosecution story highly improbable. The applicant is in jail since 02.02.2021.
On the other hand, learned A.G.A. opposes the application for bail.
Upon hearing learned counsel for the parties, perusal of record and considering the complicity of accused, severity of punishment as well as totality of facts and circumstances, at this stage without commenting on the merits of the case, I find it a fit case for bail.
Issues for consideration
1 issue framed by the court
Whether the present case is a fit case for granting bail during the trial.
Parties & counsel
- applicant
Karan
Coram
Shekhar Kumar Yadav
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · June
- Registered
- Case no.
- BAIL/14937/2021
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