Allowed

Shankar Lal v. State of U.P.

Allahabad HC20 Jan 2023BAIL/2018/2023

Case brief

AI extract

What is this about?

Single-judge High Court allowed bail for the applicant, Shankar Lal, who was apprehended in a case involving IPC offences. The court found arguments regarding the applicant's vague role, lack of criminal history, and lack of flight risk convincing, ordering release on personal bond and two sureties with standard conditions.

What did the court decide?

Applicant Shankar Lal released on bail on personal bond and two sureties.

Shankar Lal Vs State of U.P. — Bail and Remand | Allahabad HC (2023)

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Court No. - 74

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2018 of 2023

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Applicant :- Shankar Lal Opposite Party :- State of U.P. Counsel for Applicant :- Priyanka Devi,Dev Prakash Sharma Counsel for Opposite Party :- G.A.

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Hon'ble Ajay Bhanot,J.

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By means of the bail application the applicant has prayed to be enlarged on bail in Case Crime No. 335 of 2022 at Police Station- Maharajpur, District- Kanpur Nagar under Sections 323, 325, 504, 506, 427, 308 IPC. The applicant is in jail since 12.09.2022.

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The bail application of the applicant was rejected by the learned trial court on 05.11.2022.

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The following arguments made by Sri Ms. Priyanka Devi, learned counsel on behalf of the applicant, which could not be satisfactorily refuted by Shri Rishi Chaddha, learned AGA from the record, entitle the applicant for grant of bail:

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(1). The incident arises out of an argument between two parties which suddenly turned violent.

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(2). F.I.R. assigns a vague and general role to the applicant in the assault.

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(3). The applicant has not been identified as the principal offender who inflicted the sole grievous injury to the victim.

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(4). The applicant does not have any criminal history apart from the above case.

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(5). The applicant is not a flight risk. The applicant

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being a law abiding citizen has always cooperated with the investigation and undertakes to cooperate with the court proceedings. There is no possibility of his influencing witnesses, tampering with the evidence or reoffending.

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In the light of the preceding discussion and without making any observations on the merits of the case, the bail application is allowed.

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Let the applicant- Shankar Lal be released on bail in the aforesaid case crime number, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court below. The following conditions be imposed in the interest of justice:-

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(i) The applicant will not tamper with the evidence or influence any witness during the trial.

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(ii) The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.

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Order Date :- 20.1.2023 Kirti

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Digitally signed by :- KIRTI SAHU High Court of Judicature at Allahabad

Shankar Lal v. State of U.P.

Case brief

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Shankar Lal v. State of U.P.

Case brief

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