Sakib v. State of U.P.
Case brief
What is this about?
The Allahabad High Court granted bail to the applicant Sakib, who was falsely implicated in a murder attempt case, finding it a fit case for bail while imposing standard bond conditions.
What did the court decide?
Applicant Sakib released on bail on furnishing a personal bond and two sureties each in the like amount.
What the court decided
Neutral Citation No. - 2023:AHC:126774
Court No. - 65
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 23659 of 2023
Applicant :- Sakib Opposite Party :- State of U.P. Counsel for Applicant :- Farid Ahmad Counsel for Opposite Party :- G.A.,Irshad Ahmad
Hon'ble Vipin Chandra Dixit,J.
Heard Sri Farid Ahmad, learned counsel for the applicant, Mr. Irshad Ahmad, learned counsel for the informant and learned AGA for the State. Perused the material on record.
It is submitted by learned Counsel for the applicant that the applicant is innocent and has been falsely implicated in this case. The specific role of causing injury was assigned to co-accused Tushar. It is further submitted that there is no allegation of causing injury by the applicant in the FIR and in statements of witnesses. The criminal history of the applicant has been explained in paragraph 9 of the supplementary affidavit dated 21.5.2023. The applicant is in jail since 8.3.2023 and if he is released on bail, he will not misuse the liberty of bail and cooperate in trial.
Learned AGA for the State vehemently opposed the prayer of bail.
Upon hearing the learned counsel for the parties and upon the perusal of the record and considering the complicity of accused, severity of punishment as well as totality of facts and circumstances, at this stage, without commenting on the merits of the case, I find it a fit case for bail. The bail application is allowed.
Issues for consideration
1 issue framed by the court
Whether the applicant Sakib is eligible for bail in a case involving alleged attempt to murder under Sections 307 and 34 IPC.
Parties & counsel
- applicant
Sakib
- respondent
State of U.P.
Coram
Vipin Chandra Dixit
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · June
- Registered
- Case no.
- BAIL/23659/2023
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