Sachin v. State of U.P.
Case brief
What is this about?
Hon'ble Siddharth, J. allowed bail for the applicant Sachin in a murder case involving Sections 302 and 307 IPC. The court considered constitutional provisions and prison overcrowding while granting bail.
What did the court decide?
Applicant released on bail with personal bond and two sureties subject to conditions regarding attendance and non-interference with witnesses.
What the court decided
RESERVED ON 19.10.2022
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9820 of 2020
Applicant :- Sachin Opposite Party :- State of U.P. Counsel for Applicant :- Akhilesh Chandra Shukla,Mayank Yadav,Vivek Kumar Singh Counsel for Opposite Party :- G.A.,Vivek Dhaka
Hon'ble Siddharth,J.
Heard Shri V.P. Srivastava, learned Senior Advocate assisted by Shri Akhilesh Chnadra Shukla, learned counsel for the applicant; Shri Vivek Dhaka, learned counsel for the informant and learned A.G.A.
The instant bail application has been filed on behalf of the applicant, Sachin, with a prayer to release him on bail in Case Crime No. 200 of 2018, under Sections 147,148,302,307,201,406,34/120 IPC Police Station Chhaprauli, District- Baghpat, during pendency of trial.
There is allegation in the First Information Report that husband of the informant was going with informant on foot. At about 7 P.M. her elder brother-in-law (Jeth), Pradeep and his two sons ,Sachin and Anukur alongwith Rajiv came in the car and fired on him from their country made pistols. Her husband ran inside the shop of Pankaj.All the four accused dragged him out and after throwing him in the car went away. Informant suspected that her husband has been murdered and his dead body has been taken away for causing its disappearance.
Learned Senior Counsel for the applicant has submitted that it is a case of false implication. The informant is sister-in-law (Devrani),of the mother of the applicant.The applicant was arrested on 13.6.2018 and one country made pistol was allegedly recovered from him.Earlier also
Issues for consideration
2 issues framed by the court
Whether the applicant is entitled to bail in a murder case involving serious offences notwithstanding the nature of the charges.
Whether the crowded prisons justify the grant of bail in the given circumstances.
Parties & counsel
- applicant
Sachin
Coram
Siddharth
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · November
- Registered
- Case no.
- BAIL/9820/2020
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