Umesh v. State of U.P.
Case brief
What is this about?
The High Court allowed a bail application filed by Umesh, an accused in Case Crime No. 402 of 2020 under various IPC sections including murder. The court was satisfied after hearing counsel despite the state's opposition.
What did the court decide?
The applicant was released on bail on furnishing a personal bond and two sureties, subject to specific conditions including conduct during investigation.
What the court decided
Court No. - 65
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 16271 of 2021
Applicant :- Umesh Opposite Party :- State of U.P. Counsel for Applicant :- Dr. Arun Srivastav Counsel for Opposite Party :- G.A.
Hon'ble Umesh Kumar,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material placed on record.
This bail application has been preferred by the accusedapplicant - Umesh, who is involved in Case Crime No. 402 of 2020, under Sections 147, 148, 304, 323, 504 and 506 I.P.C., Police Station- Neuria, District-Pilibhit.
Learned counsel for the applicant submits that applicant is innocent and falsely been implicated in this case; that the first informant has nominated the applicant as an accused alongwith 3 other persons attributing a general role of indiscriminate assault by lathi and danda upon him and his mother- deceased; that postmortem report of the deceased reveals that there are seven injuries out of which 3 to 7 are simple in nature and only injuries nos. 1 and 2 were found to be fatal causing haematoma but from the statement of the statement recorded under Section 161 Cr.P.C. of the injured- informant, it is not clear as to who has caused the fatal injury; submission is that the deceased was an old lady, she sustained these injuries by falling from the roof. It is lastly submitted that the applicant has no criminal history, he is languishing in jail since 10.6.2020 and in case he is released on bail he will not misuse the liberty of bail.
Issues for consideration
2 issues framed by the court
Whether bail should be granted to an accused charged with offences under Sections 147, 148, 304 IPC alleged to have caused fatal injuries.
Whether the applicant, who is an innocent, is entitled to bail despite vehement opposition by the State.
Parties & counsel
- applicant
Umesh
- respondent
State of U.P.
Coram
Umesh Kumar
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · June
- Registered
- Case no.
- BAIL/16271/2021
Similar cases
Judgements on the same questions, provisions and authorities, from every court