Ajay v. State Of U.P.
Case brief
What is this about?
In a bail application regarding an offense under Sections 147, 304, 323, 504, 506 IPC, the court granted bail to the accused applicant, finding no inequity in doing so without examining the merits of the case.
What did the court decide?
The applicant was released on bail upon furnishing a personal bond and two sureties each in the like amount, subject to specific conditions.
What the court decided
Court No. - 65
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17230 of 2021
Applicant :- Ajay Opposite Party :- State of U.P. Counsel for Applicant :- Onkar Nath Counsel for Opposite Party :- G.A.,Rohit Nandan Pandey
Hon'ble Umesh Kumar,J.
Heard learned counsel for the applicant, learned A.G.A and gone through the record.
This bail application has been moved on behalf of accused-applicantAjay, who is involved in case crime no. 459 of 2020 under Sections 147, 304, 323, 504, 506 I.P.C., Police Station- Kuravali, District- Mainpuri.
Learned counsel for the applicant submits that applicant is innocent and has falsely been implicated in the case; that initially on 27.11.2020 a N.C.R. was lodged by the deceased namely Ram Lataite against four accused persons with respect to committing maarpeet with him thereafter he was admitted to the hospital and during course of treatment he succumbed to the injuries; that on 01.12.2020 a FIR was lodged against five accused persons by son of the deceased stating that his father at hospital told him that the present applicant-Ajay also committed maarpeet with him, which is false and after thought; that general role has been assigned to all the accused persons and no specific role has been assigned to any of the accused; that according to the post mortem report the cause of death is due to ante mortem injuries but no specific injury is assigned for death; that the informant has implicated five persons while the injury sustained by the deceased is six and also who is author of which injury is not ascertainable. It is lastly contended that the accused applicant is languishing in jail since 27.01.2021 and in the wake of heavy pendency of cases in the Court, there is no likelihood of any early conclusion of trial and thus, the applicant is entitled for indulgence.
Issues for consideration
1 issue framed by the court
Whether the accused applicant is entitled to bail given his defense of false implication and lack of evidence linking him to the specific injuries causing death.
Parties & counsel
- applicant
Ajay
- 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/17230/2021
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