Shivnath v. State of U.P.
Case brief
What is this about?
Bail application allowed applying a personal bond and two sureties. Court found merit in submissions that the applicant was falsely implicated and no external injury existed on deceased contradicting the FIR.
What did the court decide?
Applicant released on bail on furnishing a personal bond and two sureties subject to standard conditions regarding tampering with evidence, influencing witnesses, and appearing before the trial court.
What the court decided
Court No. - 70
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2077 of 2022
Applicant :- Shivnath Opposite Party :- State of U.P. Counsel for Applicant :- Paritosh Kumar Malviya,Awadhesh Kumar Yadav,Ghazanfar Abbas Counsel for Opposite Party :- G.A.
Hon'ble Ajay Bhanot,J.
By means of this bail application the applicant has prayed to be enlarged on bail in Case Crime No.265 of 2021 at Police Station-Siddharth Nagar, District-Siddharth Nagar under Section 304 IPC. The applicant is in jail since 05.11.2021.
The bail application of the applicant was rejected by learned Incharge District and Sessions Judge, Siddharth Nagar on 23.12.2021.
Shri Awadhesh Kumar Yadav, learned counsel for the applicant contends that the applicant has been falsely implicated in the instant case. The prosecution case set out in the F.I.R. is that the deceased was assaulted when he intervened to reconcile the parties engaged in a physical scuffle. The post mortem report contradicts the F.I.R. case. There is no external injury on the person of the deceased. The cause of death is not relatable to the incident. Prosecution evidence does not connect the applicant with the offence. Learned counsel for the applicant contends that the applicant does not have
any criminal history apart from the instant case. Learned counsel for the applicant claims congruency in role and seeks parity in relief granted to the co-accused, namely, Sanjay Yadav @ Babu Yadav, who has been granted bail by this Court on 01.06.2022 in Criminal Misc. Bail Application No.513 of 2022.
Issues for consideration
1 issue framed by the court
Whether the applicant is entitled to be enlarged on bail in a cheque dishonour case pending trial based on meritless prosecution narrative and alleged false implication.
Parties & counsel
- applicant
Shivnath
Coram
Ajay Bhanot
Ashish Tripathi
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · July
- Registered
- Case no.
- BAIL/2077/2022
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