Sulley v. State of U.P.
Case brief
What is this about?
Criminal Judge granted bail to applicant Sulley in a murder and riot case (S. 304 IPC) where he was accused of a general role in assault deaths. Conditions imposed included personal bond and strict attendance requirements.
What did the court decide?
Applicant Sulley released on personal bond and two sureties subject to strict conditions regarding trial attendance and no adjournments.
What the court decided
Court No. - 64
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 34789 of 2020
Applicant :- Sulley Opposite Party :- State of U.P. Counsel for Applicant :- Ken Singh Counsel for Opposite Party :- G.A.,Rajesh Kumar Srivastava,Virendra Kumar Srivastava
Hon'ble Rahul Chaturvedi,J.
Heard Sri Ken Singh, learned counsel for the applicant, Rajesh Kumar Srivastava, learned counsel for the informant 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. 119 of 2020, under Sections 147, 323, 304, 504 I.P.C., Police Station- Lohamandi, District- Agra is seeking enlargement on bail during the trial. The applicant is in jail since 25.8.2020.
Contention raised by learned counsel for the applicant is that the first informant, Raja has lodged the F.I.R. on 5.7.2020 against Amit, Arjun, Sulley (applicant) and Rahul. From the F.I.R. it is clear that a general and omnibus role have been attributed to all of the assailants for assaulting by lathi and danda causing injury to four persons out of which one Karan has lost his life. As per the postmortem report, the deceased has sustained one fatal injury over his head and rest of the two injuries are on the non-vital part of the body. As per the opinion of the doctor injury no.1 is kept under observation. Rest of the injured persons have sustained simple injuries. It is further submitted that a general role has been attributed to all the assailants. During investigation, the name of co-accused Arjun has figured who has given the lethal blow to the deceased, Karan. The case of the applicant is distinguishable from that of co-accused, Arjun. Therefore, the applicant having no criminal antecedent to his credit deserves to be enlarged on bail.
Issues for consideration
3 issues framed by the court
Whether the applicant, a co-accused with a general role in a death case, is entitled to bail during the trial.
Whether the applicant's lack of criminal antecedents justifies granting bail despite the gravity of the offence.
What conditional bail order should be passed to ensure fair trial and attendance in a death penalty case.
Parties & counsel
- applicant
Sulley
Coram
Rahul Chaturvedi
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · January
- Registered
- Case no.
- BAIL/34789/2020
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