Manish v. State of U.P.
Case brief
What is this about?
In a criminal miscellaneous bail application, the High Court allowed bail to the applicant accused of murder and other offences committed in a sudden fight during a marriage procession, granting relief subject to standard conditions.
What did the court decide?
Release on bail subject to personal bond, two sureties, conditions not tampering with evidence, attending court, abstaining from unlawful activities, and not misusing liberty.
What the court decided
Court No. - 44
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7981 of 2022
Applicant :- Manish Opposite Party :- State of U.P. Counsel for Applicant :- Arvind Singh Sengar Counsel for Opposite Party :- G.A.
Hon'ble Ashwani Kumar Mishra,J.
Heard learned counsel for the applicant, learned A.G.A. for State and perused the record.
The present bail application has been filed by the applicant seeking enlargement on bail in Case Crime No.0152 of 2021, under Sections 147, 149, 302, 308, 504, 506, 323 IPC, Police Station Khejuri, District Ballia.
As per the prosecution version, the fight took place between certain persons in the marriage procession in respect of arranging dance and six persons including Diwakar, Manish and others inflicted blows by lathi which resulted in murder of Santosh and injuries have also been caused to his father.
Learned counsel for the applicant states that the allegations are against six persons, which are general in nature and only four injuries have been caused, which are all by blunt object. It is stated that the act is not a premeditated act of murder and appears to have been committed at the spur of the moment on account of sudden fight. It is also stated that co-accused Diwakar and Sudhakar, who are also identically placed and have been assigned role of inflicting lathi blows, have already been granted bail in Criminal Misc. Bail Application No. 5474 of 2022 and since role of the applicant is similar, as such the applicant is also entitled to parity. It is further submitted that the applicant is first offender and has no criminal history and is languishing in jail since 25.11.2021. It is further argued that the trial is not likely to conclude shortly and that the applicant undertakes that he will not misuse the liberty of bail and will cooperate in the conduct of trial.
Issues for consideration
2 issues framed by the court
Whether the applicant is entitled to bail in a murder case arising from a sudden fight.
Whether the grant of bail to similarly placed co-accords supports parity for this applicant.
Parties & counsel
- applicant
Manish
Coram
Ashwani Kumar Mishra
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · May
- Registered
- Case no.
- BAIL/7981/2022
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