Satish v. State of U.P.
Case brief
What is this about?
In a bail application under Section 304 IPC, the Allahabad High Court allowed the plea, citing merit in the arguments regarding FIR delay, lack of forensic reports, and no criminal history, while noting jail overcrowding.
What did the court decide?
Released on bail by furnishing a personal bond and two sureties each to the satisfaction of the court below.
What the court decided
Court No. - 68
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5890 of 2022
Applicant :- Satish Opposite Party :- State of U.P. Counsel for Applicant :- Pankaj Bharti Counsel for Opposite Party :- G.A.
Hon'ble Ajay Bhanot,J.
Heard Shri Pankaj Bharti, learned counsel for the applicant and learned AGA for the State.
A first information report was lodged against the applicant as Case Crime No. 341 of 2021 at Police Station Titavi, District Muzaffar Nagar, under Sections 304 I.P.C.
The bail application of the applicant was rejected by learned Sessions Judge, Muzaffar Nagar on 17.01.2022.
The applicant is in jail since 20.10.2021 pursuant to the said F.I.R.
Shri Pankaj Bharti, learned counsel for the applicant contends that the applicant has been falsely implicated in the instant case. The delay of two days in lodgement of the F.I.R. is fatal to the prosecution case. After the alleged incident, the victim was given medical assistance. The postmortem report opines that the cause of death could not be ascertained and the Viscera was preserved for chemical and toxicological examination. The chargesheet has been submitted, however, no forensic science laboratory report has been submitted as
Issues for consideration
2 issues framed by the court
Whether the applicant is entitled to bail considering the lack of forensic reports and criminal history.
Whether the delay in lodgement of the F.I.R. and fatality causing issues warrant release on bail.
Parties & counsel
- applicant
Satish
- respondent
State of U.P.
Coram
Ajay Bhanot
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · February
- Registered
- Case no.
- BAIL/5890/2022
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