Sumit v. State of U.P.
Case brief
What is this about?
This criminal bail application was allowed. The High Court held that since the applicant was not named in the FIR and the charge sheet was filed late, the bail prayer was made out despite the State's objection.
What did the court decide?
Released on bail with a personal bond and two sureties subject to five specific conditions regarding court attendance and trial conduct.
What the court decided
Neutral Citation No. - 2023:AHC:206069
Court No. - 65
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 35298 of 2023
Applicant :- Sumit Opposite Party :- State of U.P. Counsel for Applicant :- Ram Bahadur Singh Counsel for Opposite Party :- G.A.
Hon'ble Rajeev Misra,J.
- Heard Mr. I.S. Singh, Advocate, holding brief of Mr. Ram Bahadur Singh, the learned counsel for applicant and the learned A.G.A. for State.
- This application for bail has been filed by applicant-Sumit seeking his enlargement on bail in Case Crime No. 74 of 2023, under Section 302 IPC, Police Station Syana, District Bulandshahar, during the pendency of trial.
- Record shows that in respect of an incident which is alleged to have occurred on 08.03.2023, a prompt F.I.R. dated 08.03.2023 was lodged by first informant namely - Mukesh (father of the deceased) and was registered as Case Crime No. 0074 of 2023, under Section 302 IPC, Police Station Syana, District Bulandshahar. In the aforesaid F.I.R., one Rohit has been nominated as solitary named accused.
- The gravamen of the allegations made in the F.I.R. is to the effect that named accused Rohit brutally assaulted the son of first informant namely Ankit as a result of which he died.
Issues for consideration
1 issue framed by the court
Whether the applicant, not named in the FIR and charged only after two years, is entitled to bail.
Parties & counsel
- applicant
Sumit
- respondent
State of U.P.
Coram
Rajeev Misra
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · October
- Registered
- Case no.
- BAIL/35298/2023
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