Suhail v. State of U.P.
Case brief
What is this about?
The single judge allowed the bail application filed by the accused, a youthfriend of a co-accused, in a trial for offences under Sections 354(B), 323, and 364 IPC. The court found that the applicant made out a case for bail.
What did the court decide?
Applicant released on bail by furnishing personal bond and two sureties subject to specified conditions.
What the court decided
Court No. - 74
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 39144 of 2022
Applicant :- Suhail Opposite Party :- State of U.P. Counsel for Applicant :- Sunil Kumar Counsel for Opposite Party :- G.A.
Hon'ble Deepak Verma,J.
Heard learned counsel for the applicant; learned A.G.A. for the State and perused the record.
The instant bail application has been filed on behalf of the applicant with a prayer to release him on bail in Case Crime No.576 of 2022, under Sections 354 (B), 323, 364 I.P.C., P.S. Sikandrabad, District Bulandshahr, during pendency of the trial.
Learned counsel for the applicant submitted that applicant is innocent and has falsely been implicated in the present case being friend of co-accused Anash. The applicant and victim are friends and as per ossification test report and school certificate, the victim is aged about twenty years. It has been further argued that statements of victim recorded under Sections 161 Cr.P.C. and 164 Cr.P.C. are contrary to the version of F.I.R. There is no allegation of physical assault against the applicant. The medical report is also not supporting the version of F.I.R. The applicant has no criminal history. Moreover, there is no prospect of trial of the present case being concluded in near future. The applicant is languishing in jail since 25.06.2022 and in case he is enlarged on bail he will not misuse the liberty of bail and cooperate in trial.
Issues for consideration
2 issues framed by the court
Whether the applicant is entitled to bail in a trial for offences under Sections 354(B), 323, and 364 IPC.
Whether the facts and circumstances made out a case for grant of bail under settled principles.
Parties & counsel
- appellant
Suhail
- respondent
State of U.P.
Coram
Deepak Verma
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · December
- Registered
- Case no.
- BAIL/39144/2022
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