Dodraj v. State of U.P.
Case brief
What is this about?
Bail application allowed for dodraj in affray case proving weapon inconsistency between prosecution account and medical report indicates false implication warranting release on personal bond.
What did the court decide?
Applicant released on bail subject to personal bond and two sureties each with conditions against tampering and influencing witnesses.
What the court decided
Court No. - 79
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 23338 of 2022
Applicant :- Dodraj Opposite Party :- State of U.P. Counsel for Applicant :- Shivajee Singh Sisodiya Counsel for Opposite Party :- G.A.
Hon'ble Subhash Vidyarthi,J.
1.Heard Sri Sanjeev Singh Sisodiya, the learned counsel for the applicant, Sri Shashi Shekhar Tiwari, the learned Additional Government Advocate and perused the record.
2.The instant application has been filed seeking release of the applicant on bail in Case Crime No.303 of 2020, under Sections 323, 504, 324, 325, 308 IPC, Police Station Baheri, District Bareilly during pendency of the trial in the Court below.
3.The aforesaid case had initially been registered on 02.06.2020 on the basis of a Non Cognizable Report under Sections 323, 504 IPC, alleging that four named persons, including the applicant, had beaten up the informant Mahesh Pal with sticks and when the informant had raised an alarm, his sister and sister - in - law had come to save him and the accused persons had abused and had beaten up them also.
4.Subsequently during investigation, Sections 324 and 308 IPC have been added and the NCR has been converted into a first information report. The medical examination report of Mahesh Pal mentions an incised wound. In the statement of injured persons namely Mahesh Pal, Geeta and Pinki, all of them reiterated the contents of the NCR that four accused persons had beaten up the informant Mahesh with sticks and when Geeta and Pinki went to save him, they had beaten them also.
Issues for consideration
1 issue framed by the court
Whether the applicant, an old man falsely implicated in a case of affray with alleged weapon inconsistency, is entitled to bail.
Parties & counsel
- applicant
Dodraj
- respondent
State of U.P.
Coram
Subhash Vidyarthi
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · August
- Registered
- Case no.
- BAIL/23338/2022
Similar cases
Judgements on the same questions, provisions and authorities, from every court