Amit v. State of U.P.
Case brief
What is this about?
Criminal Misc. Bail Application dismissed in a murder trial where the applicant alleged false implication. The court found the applicant's role limited to assisting, no criminal history, and allowed bail subject to standard conditions.
What did the court decide?
Accused Amit released on bail by furnishing a personal bond with two sureties subject to conditions restraining tampering with evidence and committing further crimes.
What the court decided
Court No. - 69
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 42544 of 2021
Applicant :- Amit Opposite Party :- State of U.P. Counsel for Applicant :- Ram Prakash Upadhyay Counsel for Opposite Party :- G.A.
Hon'ble Mohd. Faiz Alam Khan,J.
Heard Shri Ram Prakash Upadhyay, learned counsel for the accused-applicant as well as learned A.G.A. for the State and perused the record.
This bail application has been moved by the accused/applicant- Amit for grant of bail, in Case Crime No.166 of 2020, under Section 302 I.P.C., Police Station Saiyan, District Agra, during trial.
Learned counsel for the accused-applicant while pressing the bail application submits that the applicant has been falsely implicated in this case and he has not committed any offence as claimed by the prosecution.
It is further submitted that in the first information report, which was lodged on 04.10.2020 at Police Station Saiyan, Agra by informant Vineet Kumar against named accused persons Girish Kumar, Manish and Amit (applicant), it is stated therein that on the basis of previous enmity, the named accused persons assaulted the deceased Ghoorelal. Co-accused Manish and applicant Amit caught hold of the deceased while the coaccused Girish Kumar assaulted the deceased with an Ustara (razor), whereby the deceased had died on the spot. The incident was allegedly witnessed by the mother and brother of the deceased namely Mrs. Imarti and Neeraj. The deceased had sustained three ante mortem incised wounds i.e. on left side of mandible, on right index finger and in front of the neck. As per postmortem report the deceased had died due to shock and hemorrhage as a result of ante mortem injuries.
Issues for consideration
3 issues framed by the court
Whether the accused is entitled to bail given alleged acquittal plea and limited role.
Whether Section 34 IPC applies to the accused with limited role in the incident.
Whether adequate bail conditions are necessary given the accused's lack of criminal history.
Parties & counsel
- applicant
Amit
- respondent
State of U.P.
Coram
Mohd. Faiz Alam Khan
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · April
- Registered
- Case no.
- BAIL/42544/2021
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