Akash v. State of U.P.
Case brief
What is this about?
Single Judge allowed bail to the applicant in a case under Section 307 IPC. The court granted bail on a personal bond and two sureties, subject to strict conditions regarding court attendance and undertaking against adjournments.
What did the court decide?
Release of applicant on personal bond and two sureties subject to strict conditions regarding court attendance and prevention of adjournment abuse.
What the court decided
Court No. - 78
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 16649 of 2021
Applicant :- Akash Opposite Party :- State of U.P. Counsel for Applicant :- Ajay Kumar Dwivedi,Arun Kumar Sharma 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. 07 of 2021, under Section 307 I.P.C. Police Station Shikohabad, DistrictFirozabad.
Learned counsel for the applicant submits that there is no specific role assigned to the applicant and he has been falsely implicated in the present case. It is further submitted by learned counsel for the applicant that co-accused Rahul, Ajay Yadav and Vikash has been granted bail by the co-ordinate Bench of this Court vide orders dated 18.3.2021, 18.3.2021 and 7.4.2021 passed in Criminal Misc. Bail Application Nos. 10255 of 2021, 13536 of 2021 and 16218 of 2021, respectively. Case of the applicant is identical to the case of aforesaid co-accused, therefore, the applicant is also entitled to be released on bail on the ground of parity. Lastly, it has been submitted that there is no criminal history against the applicant and he is languishing in jail since 04.01.2021. In case, appellant is released on bail, he will not misuse the liberty of bail and cooperate in trial.
Issues for consideration
3 issues framed by the court
Whether the applicant is eligible for bail considering the facts of the case and bail granted to co-accused.
What conditions should be imposed on the grant of bail.
Whether the trial judge's independent opinion on evidence should be unaffected by this bail order.
Parties & counsel
- applicant
Akash
Coram
Shekhar Kumar Yadav
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · June
- Registered
- Case no.
- BAIL/16649/2021
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