Satendra v. State of U.P.
Case brief
What is this about?
This是高法院处理的一起保释申请案。申请人 Satendra 被控在内击打他人并致其头骨骨折。法院指出，受伤者在陈述中未证实 FIR 中关于开枪的指控，也未将具体责任归于申请人。鉴于申请人未受到具体指控且无前科，法院准予保释，但需遵守不得干扰证据或证人的条件。
What did the court decide?
Accusedreleased on bail on personal bond and two sureties subject to standard conditions of not tampering with evidence or influencing witnesses.
What the court decided
Court No. - 79
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 32901 of 2021
Applicant :- Satendra Opposite Party :- State of U.P. Counsel for Applicant :- Brijesh Kumar Gautam,Ravi Prakash Singh,Shiv Vilas Mishra,Sunil Vashisth Counsel for Opposite Party :- G.A.
Hon'ble Subhash Vidyarthi,J.
- Heard Sri Ravi Prakash Singh, the learned counsel for the applicant, Sri Arun Kumar Pandey, the learned A.G.A. for the State and perused the record.
- The present bail application has been filed by the applicant with the prayer to enlarge him on bail in Case Crime No. 320 of 2020, under Section 307 IPC, Police Station Simbhawali, District Hapur.
- The aforesaid case has been registered on the basis of an FIR lodged against four named accused persons, including the applicant, alleging that all the accused persons had beaten up and assaulted the informant's son with stick and spade and coaccused Lakshya had fired a shot with a pistol.
- The medico legal examination report of the injured person mentions; several injuries on his head and in his C.T. examination fracture has been found on his skull. In his statement recorded under Section 161 Cr.P.C. the injured has reiterated the FIR version but he has not levelled any allegation of firing, which was there in the FIR. The injured has not assigned any specific role to the applicant in his statement.
Issues for consideration
3 issues framed by the court
Whether the applicant is entitled to bail in a case involving beating and assault allegations where no specific role is assigned in the FIR or injured person's statement.
Whether the absence of corroboration for the FIR allegation of firing and lack of specific accusation against the applicant supports bail.
Whether conditions imposed on bail regarding tamper prevention and witness influence are applicable and sufficient.
Parties & counsel
- applicant
Satendra
Coram
Subhash Vidyarthi
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · November
- Registered
- Case no.
- BAIL/32901/2021
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