Gabbar v. State of U.P.
Case brief
What is this about?
In a bail application filed during the pendency of trial under Sections 307, 325 IPC, the High Court allowed the applicant's bail without examining the merits, considering a case for grant of bail made out.
What did the court decide?
Application allowed; applicant to be released on bail with personal bond and two sureties subject to conditions of appearance and non-tampering.
What the court decided
Neutral Citation No. - 2023:AHC:213260
Court No. - 75
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 31150 of 2023
Applicant :- Gabbar Opposite Party :- State of U.P. Counsel for Applicant :- Shiv Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Umesh Chandra Sharma,J.
- Heard Sri Sandeep Kumar Shukla holding brief of Sri Shiv Kumar Singh, learned counsel for the applicant who has filed supplementary affidavit which is taken on record, learned AGA for the State and perused the record.
- By means of this bail application, applicant seeks bail in Case Crime No.21 of 2023, under Sections 307, 325, 324, 504, 506 IPC, Police Station Kakarbai, District Jhansi, during the pendency of trial.
- It is submitted by learned counsel for the applicant that the applicant has been falsely implicated in the present case. The applicant has no concern with the alleged incident. It is also contended that from perusal of the injury report it is very much clear that no case under Section 307 IPC is made out against the applicant. A false recovery of axe. Learned counsel for the applicant further contended that the injured has not been admitted even a single day for the purposes of treatment because the injuries sustained by the injured are not fatal or grievous for life. There is no previous criminal history against the applicant except the present case. There is no likelihood of his abscondence or tampering with the evidence. The applicant is languishing in jail since 28.03.2023. In case the applicant is released on bail, he will not misuse the said liberty.
Parties & counsel
- applicant
Gabbar
- respondent
State of U.P.
Coram
Umesh Chandra Sharma
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · November
- Registered
- Case no.
- BAIL/31150/2023
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