Peetam v. State of U.P.
Case brief
What is this about?
The High Court allowed a bail application under Section 439 CrPC for an accused charged with murder and affray, rejecting the Sessions Court's order. The release was granted with conditions pending the trial.
What did the court decide?
Applicant released on bail on personal bond and two sureties subject to specific conditions regarding witnesses and court appearances.
What the court decided
Court No. - 72
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 16262 of 2022
Applicant :- Peetam Opposite Party :- State of U.P. Counsel for Applicant :- Garun Pal Singh Counsel for Opposite Party :- G.A.
Hon'ble Sanjay Kumar Pachori,J.
Heard Shri Garun Pal Singh, learned counsel for the applicant and learned A.G.A. for the State and perused the material on record.
The present bail application has been filed on behalf of the applicant Peetam under Section 439 of the Code of Criminal Procedure, with a prayer to release him on bail in Case Crime No. 743 of 2021 for offence punishable under Sections 302, 323, 147, 504 of the Indian Penal Code registered at Police Station Kosi Kalan District Mathura during pendency of the trial, after rejecting the bail application of the applicant by the Sessions Judge, Mathura vide order dated 31.01.2021.
Brief facts of the case are that the First Information Report dated 20.09.2021 has been lodged by the son of the deceased against the applicant and other four named persons stating therein that on 19.09.2021 at about 6.00 p.m., applicant and other four named persons surrounded the nephew of the deceased, Satendra, near the Chaupal started hurling abuses and assaulted him by lathi and danda intentionally to cause his death. When his father intervened to save his son then the accused persons had beaten his father brutally as a result of which, his father received invisible injuries due to his father died. Nephew of the deceased also received injury.
Issues for consideration
2 issues framed by the court
Whether the applicant is entitled to bail under Section 439 CrPC despite rejection by the Sessions Judge.
Whether the nature of the charges and public interest warrant the grant of bail in this case.
Parties & counsel
- applicant
Peetam
- respondent
State of U.P.
Coram
Sanjay Kumar Pachori
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · May
- Registered
- Case no.
- BAIL/16262/2022
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