Mahendra Kumar Mishra v. State of U.P.
Case brief
What is this about?
Criminal-miscellaneous bail application rejected. Court held that allegations of firearm injury supported by medical report and applicant's criminal antecedents, including rape and attempt, preclude release on bail at this stage.
What did the court decide?
Bail application rejected; applicant not entitled to release on bail at this stage.
What the court decided
A compact analysis
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Court No. - 84
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1670 of 2023
Applicant :- Mahendra Kumar Mishra Opposite Party :- State of U.P. Counsel for Applicant :- Shailesh Upadhyay,Nalinish Counsel for Opposite Party :- G.A.
Hon'ble Sameer Jain,J.
Heard Sri Rishi Kant Advocate holding brief of Sri Nalinish, learned counsel for the applicant and Sri Ravi Kant Kushwaha, learned AGA for the State-respondent.
The instant application has been filed seeking release of the applicant on bail in Case Crime No. 596 of 2022, under Sections147, 148, 149, 286, 307, 323, 504, 506, 120B IPC, Police StationMeja, District- Prayagraj, during pendency of the trial in the court below.
According to the FIR, applicant along with four others and one unknown person entered in the house of the informant and they abused the informant and thereafter applicant opened fire and due to which son of the informant sustained injuries.
Learned counsel for the applicant submitted that entire allegation made against the applicant is totally false and baseless and from the perusal of the injury report of the injured, it appears that injury was not dangerous to life. He further submitted that applicant has been implicated in the present matter due to his previous enmity and applicant is in jail since 15.10.2022.
Issues for consideration
3 issues framed by the court
Whether the applicant is entitled to release on bail given the allegations of firearm injury and criminal antecedents.
Whether the medical report corroborates the allegation of firearm injury causing lacerated wounds with tattooing.
Whether the applicant's criminal history including Section 376 and 511 IPC makes him ineligible for bail.
Parties & counsel
- applicant
Mahendra Kumar Mishra
- respondent
State of U.P.
Coram
KRISHN KANT PATEL
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · February
- Registered
- Case no.
- BAIL/1670/2023
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