Satyaveer v. State of U.P.
Case brief
What is this about?
This court rejected the bail application of an accused charged with murder and culpable homicide arising from a fatal firearm injury. Noting that independent witnesses traced the fatal shot to the applicant and firearms were recovered from him, the court denied bail and directed trial expeditions.
What the court decided
A compact analysis
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. - 44
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 20315 of 2022
Applicant :- Satyaveer Opposite Party :- State of U.P. Counsel for Applicant :- Vipul Shukla Counsel for Opposite Party :- G.A.,Alam Ara,Gulhuma,Imran Khan
Hon'ble Ashwani Kumar Mishra,J.
Heard learned counsel for the applicant and learned AGA for the State and perused the record.
The present bail application has been filed by the applicant seeking enlargement on bail in Case Crime No. 492 of 2021, under Sections 307, 302, 504, 506, 34 IPC, Police Station Jaitipur, District Shahjahanpur.
As per the FIR allegation four persons including the applicant were trying to push the cattles in the field of informant, which was objected to by him alongwith his brother. A fight ensued between them and after sometime the applicant alongwith three others namely Ramveer, Pradeep and Ravindra, armed with firearm, came and started indiscriminately firing in which the brother-in-law of informant, who was married about 25 days back, came out and he was hit by the bullet on account of which he died. The postmortem report is on record which contains injury as a oval shaped wound of size 2.5 x 2cm x 8cm distal of left nipple margin abraded about 0.2 cm around margin density been coloured and cause of death is ante-mortem firearm injury. A 315 bore country made pistol (Tamancha) has been recovered on the pointing out of the applicant and he has been arrested.
Issues for consideration
3 issues framed by the court
Whether the applicant is entitled to bail on grounds of doubt regarding specific role in firing since criminal history is explained.
Whether the recovery of firearms from the spot and independent witness statements negate the apprehended risk of absconding.
Whether the bail application should be disposed of by refusing bail and expediting the trial.
Parties & counsel
- applicant
Satyaveer
Coram
Ashwani Kumar Mishra
Ashok Kumar
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · May
- Registered
- Case no.
- BAIL/20315/2022
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