Shabeer v. State of U.P.
Case brief
What is this about?
The criminal court allowed a bail application filed by Shabeer, ruling that he should be released on furnishing a personal bond and two sureties pending trial.
What did the court decide?
Releasing the applicant on bail upon furnishing a personal bond and two sureties in an amount satisfactory to the trial court.
What the court decided
Neutral Citation No. - 2023:AHC:204033
Court No. - 70
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 44987 of 2023
Applicant :- Shabeer Opposite Party :- State of U.P. Counsel for Applicant :- Pankaj Kumar Tyagi Counsel for Opposite Party :- G.A.
Hon'ble Sameer Jain,J.
- Heard Sri Pankaj Kumar Tyagi, learned counsel for the applicant and Sri Rajeev Dhar Dwivedi, learned AGA for the State.
- The instant bail application has been filed seeking release of the applicant on bail in Case Crime No. 140 of 2023, under Sections 308, 304, 323, 504 IPC, Police Station Arniya, District Bulandshahr during pendency of the trial.
- FIR of the present case was lodged against applicant and three others under Sections 323, 504, 308 IPC and according to the FIR applicant and others made assault through wooden sticks and Balkati upon the informant, his son-in-law, his daughter and his wife and due to the assault made by them, they sustained injuries. It is further mentioned in the FIR that son-in-law of the informant Babu sustained serious injuries on his head.
- Learned counsel for the applicant submitted that initially FIR of the present case was lodged under Sections 323, 504, 308 IPC but after the death of the son-in-law of the informant, the case was converted under Section 304 IPC. He further submits that on the basis of general allegation, applicant has been made accused in the present matter along with three others.
Issues for consideration
1 issue framed by the court
Whether the applicant is entitled to release on bail considering the factual parity with a co-accused and the nature of the allegations.
Parties & counsel
- applicant
Shabeer
- respondent
State of U.P.
Coram
Sameer Jain
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · October
- Registered
- Case no.
- BAIL/44987/2023
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