Indal v. State of U.P.
Case brief
What is this about?
This acquittal order grants bail to the applicant Indal accused of rioting, hurt, and attempted murder, considering his innocence assertion, lack of criminal history, and parity with a co-accused already on bail.
What did the court decide?
Release of the applicant on bail upon executing personal bond with two sureties subject to conditions regarding evidence tampering, witness harassment, and appearance in court.
What the court decided
Court No. - 93
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 40690 of 2022
Applicant :- Indal Opposite Party :- State of U.P. Counsel for Applicant :- Ashok Kumar Yadav,R.P.S. Chauhan Counsel for Opposite Party :- G.A.
Hon'ble Surendra Singh-I,J.
Counter affidavit filed today is taken on record.
Pursuant to the order of this Court dated 03.11.2022, Sri Mahesh Kumar Grover, presently posted as Senior Superintendent of Police, Gorakhpur is present before this Court alongwith personal affidavit, which is taken on record.
The Senior Superintendent of Police has tendered unconditional and unqualified apology for the inconvenience caused to the court due to delay in presenting report regarding the appellantaccused. In the personal affidavit, it is stated that the requisite report was submitted in the office of Joint Director (Prosecution), High Court, Allahabad on 02.11.2022 but due to the negligence of concerned police constable, it could not be submitted in Court in time. It is also stated in the affidavit that the Sub-Inspector, Adityta Upadhyay and Constable, Pramesh Prajapati, who were found guilty of negligence with regard to their duty, have been suspended vide order dated 06.11.2022.
Considering the averments made in the personal affidavit it appears that there was no deliberate negligence on the part of the Senior Superintendent of Police, Gorakhpur in not submitting requisite report in Court in time.
Issues for consideration
2 issues framed by the court
Whether the applicant is entitled to bail in the present case on the grounds of innocence, lack of criminal history, and parity with a co-accused.
Whether the medical and C.T. scan reports negate the case under Section 307 IPC.
Parties & counsel
- applicant
Indal
Coram
Surendra Singh
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · November
- Registered
- Case no.
- BAIL/40690/2022
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