Daya Kishan v. State of U.P.
Case brief
What is this about?
In a bail application, the Hon'ble Court released the applicant on bail after noting co-accused bail and lack of injury reports, imposing standard conditions.
What did the court decide?
Released on bail on furnishing a personal bond and two local sureties each.
What the court decided
Court No. - 74
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2421 of 2022
Applicant :- Daya Kishan Opposite Party :- State of U.P. Counsel for Applicant :- Mool Chandra Maurya Counsel for Opposite Party :- G.A.
Hon'ble Vivek Varma,J.
Heard learned counsel for the applicant and learned A.G.A. for the State respondent.
It is contended that the applicant has been falsely implicated in the instant case. As per first information report, the role of firing is assigned to four persons including the applicant. However, as per the injury report there is no fire arm injury. Co-accused Shri Krishna and Ankit Kumar have been granted bail by this Court vide order dated 07.02.2022 in criminal misc. bail application no. 2579 of 2022, copy of which has been produced, which is taken on record. The applicant is in jail since 05.10.2021 and if he is released on bail, he will not misuse the liberty of bail.
Learned A.G.A. has opposed the prayer for bail but could not satisfactorily dispute the aforesaid submission from the record.
Perused the first information report as well as averments made in the application.
Without expressing any opinion on the merits of the case and considering the facts and circumstances of the case, let the applicant Daya Kishan involved in case crime no. 137 of 2021 under Section 147, 148, 149, 307, 452, 323, 504, 506 IPC police station Sakeet district Etah be released on bail on his furnishing a personal bond and two local sureties each in the like amount to the satisfaction of court concerned subject to the conditions that he:
Issues for consideration
2 issues framed by the court
Whether the applicant Daya Kishan should be released on bail in the instant criminal case.
Whether the facts and circumstances warrant granting bail to the applicant.
Parties & counsel
- appellant
Daya Kishan
- respondent
State of U.P.
Coram
Vivek Varma
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · March
- Registered
- Case no.
- BAIL/2421/2022
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