Dileep v. State of U.P.
Case brief
What is this about?
Single judge allowed bail to the applicant, a labourer accused under Sections 302, 307 and 34 IPC for murder, emphasizing innocence, lack of incriminating articles and parity with co-accused, imposing conditional liberty.
What did the court decide?
Released on bail on furnishing a personal bond and two heavy local sureties each of the like amount to the satisfaction of the court concerned.
What the court decided
Neutral Citation No. - 2023:AHC:180827
Court No. - 68
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12003 of 2023
Applicant :- Dileep Opposite Party :- State of U.P. Counsel for Applicant :- Arun Kumar Sharma Counsel for Opposite Party :- G.A.
Hon'ble Dr. Gautam Chowdhary,J.
- Heard learned counsel for the applicant, learned A.G.A for the State and perused the record.
- Learned counsel for the applicant submits that the applicant is innocent and he has been falsely implicated in the present case. He further submits that initially the F.I.R. was lodged against four person along with the applicant. No recovery of any incriminating article has been made either on the pointing out or from possession of the applicant. He further submits that the role of firing has been assigned to applicant but no one has received any injury. He next submits that the applicant is poor labour to earn his livelihood. He further submits that similarly situated co-accused namely, Sani has already been enlarged on bail by co-ordinate Bench of this Court vide order dated 30.01.2023 passed in Criminal Misc. Bail Application No.43811 of 2022. It is thus contended that the applicant is also entitled for bail on the ground of parity. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed before the Court. The circumstances which, according to the counsel, led to the false implication of the accused have also been mentioned. It has also been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required and is also ready to accept all the conditions which the Court may deem fit to impose upon him. He next submits that applicant is languishing in jail since 28.04.2022, having no criminal history.
Issues for consideration
2 issues framed by the court
Whether the applicant should be released on bail given the nature of the charge and lack of incriminating material.
Whether the applicant is entitled to bail on the ground of parity with a similarly situated co-accused already on bail.
Parties & counsel
- applicant
Dileep
Coram
Dr. Gautam Chowdhary
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · September
- Registered
- Case no.
- BAIL/12003/2023
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