Rajindra v. State of U.P.
Case brief
What is this about?
The application for bail under Section 304 IPC involving sudden provocation was granted on personal bond with two sureties, owning the applicant's detention since thirty-one May two thousand twenty-two.
What did the court decide?
Released on bail by furnishing a personal bond and two sureties each.
What the court decided
Neutral Citation No. - 2023:AHC:138424
Court No. - 70
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 22192 of 2023
Applicant :- Rajindra Opposite Party :- State of U.P. Counsel for Applicant :- Sushil Kumar Shukla,Shivam Shukla Counsel for Opposite Party :- G.A.
Hon'ble Sameer Jain,J.
- Heard Sri Sushil Kumar Shukla, learned counsel for the applicant and Sri Rajeev Dhar Dwivedi, learned AGA, for the State.
- The instant bail application has been filed on behalf of the applicant with the prayer to release him on bail in Case Crime No.121 of 2022, under Section 304 IPC, Police Station Ramala, District Baghpat during pendency of the trial.
- FIR of the present case was lodged under Section 304 IPC and according to the FIR, applicant under sudden provocation gave a lathi blow on the head of his wife, who was cancer patient and due to assault made by him his wife died.
- Learned counsel for the applicant submits that the FIR of the present case was lodged by the daughter of applicant but it is based on false and frivolous facts and this fact finds support from the post mortem report of the deceased which shows that deceased sustained as many as 5 lacerated wound, however, according to the FIR and the statements of witnesses applicant gave only one lathi blow and, therefore, it appears that on the instigation of some family members, applicant was implicated in the present matter.
Issues for consideration
2 issues framed by the court
Whether the applicant is entitled to release on bail in a non-bailable offence under Section 304 IPC.
Whether the delay in trials and specific circumstances warrant granting bail on personal bond with sureties.
Parties & counsel
- applicant
Rajindra
- respondent
State of U.P.
Coram
Sameer Jain
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · July
- Registered
- Case no.
- BAIL/22192/2023
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