This judgment allows a bail application filed by Sonu in a criminal case involving grievous hurt and culpable homicide not amounting to murder. The court relied on constitutional mandates and recent Apex Court decisions to grant bail subject to standard conditions.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 69
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1708 of 2022
Applicant :- Sonu Opposite Party :- State of U.P. Counsel for Applicant :- Mukesh Kumar Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Heard learned counsel for the applicant and learned A.G.A.
The instant bail application has been filed on behalf of the applicant, Sonu, with a prayer to release him on bail in Case Crime No. 298 of 2021, under Sections 147,148,307,302 IPC Police Station Kaimganj, District- Farrukhabad, during pendency of trial.
There is allegation in the First Information Report that applicant alongwith four other co-accused have caused injuries to the father and mother of the informant. The mother had died while father was injured.
Learned counsel for the applicant has submitted that no specific role has been assigned to any of the accused persons in the First Information Report.Even Lakhan,the injured husband of the deceased, has not assigned any specific role to the applicant.He is in jail since 18.9.2021 and has no criminal history.
Learned A.G.A. has opposed the bail prayer of the applicant but could not dispute the aforesaid facts.
Keeping in view the nature of the offence, argument advanced on behalf of the parties, evidence on record regarding complicity of the accused, larger mandate of the Article 21 of the Constitution of India and the dictum of Apex Court in the case of Dataram Singh Vs. State of U.P. and another reported in (2018)3 SCC 22 and recent judgement dated 11.7.2022 of the Apex Court in the case of Satendra Kumar Antil Vs. C.B.I., passed in S.L.P. (CRL.) No. 5191 of 2021 and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let the applicant be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the
sureties be verified.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Order Date :- 22.8.2022 Atul kr. sri.
Digitally signed by ATUL KUMAR SRIVASTAVA Date: 2022.08.22 17:51:29 IST Reason: Location: High Court of Judicature at Allahabad
2 issues framed by the court
Whether bail should be granted to the applicant in a non-bailable offence involving injury to the victim.
Whether the applicant has made out a case for bail despite the nature of the offence.
Colour shows how this judgement treated each authority
Dataram Singh vs. State of U.P.Relied on¶10
Dataram Singh Vs. State of U.P. and another reported in (2018)3 SCC 22 · Who else cites this
Satendra Kumar Antil vs. C.B.I.Relied on¶10
Satendra Kumar Antil Vs. C.B.I., passed in S.L.P. (CRL.) No. 5191 of 2021
Sonu
State of U.P.
Siddharth
Atul Kumar Srivastava
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
Siddharth and Atul Kumar Srivastava
Parties & counsel
