Mithilesh v. State of U.P.
Case brief
What is this about?
This is an order disposing of a criminal bail application. The Court summarised the facts of a death occurring after alleged beating and considered arguments regarding foul play and delay in FIR. The Court rejected the bail application, finding no case made out for bail.
What did the court decide?
Bail application rejected on grounds that no case for grant of bail is made out.
What the court decided
A compact analysis
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 86
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 46370 of 2022
Applicant : - Mithilesh Opposite Party : - State of U.P. Counsel for Applicant :- Virendra Kumar Yadav Counsel for Opposite Party :- G.A.,Ravish Kumar Singh
Hon'ble Mayank Kumar Jain,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
The present bail application has been filed on behalf of applicant in Case Crime No. 161 of 2022, under Section 304, 504 I.P.C., Police Station Sindhaura, District Varanasi with the prayer to enlarge the applicant on bail.
Facts of the present case are that uncle of informant Viranjan was living on his land. On 08.07.2022 at around 6.30 P.M. when deceased was offering prayer, the applicant came and in order to built pressure upon the deceased, use filthy language and started beating by kick and fist mercilessly and said that deceased had no issue therefore, what will be purposes of land keeping with him. Thereafter, when the deceased denied to give his land, then the applicant has beaten the deceased mercilessly and throw inside the drain and deceased has received injuries in Stomach, Chest and Hand. After hearing the noise, the informant and other family members reached there and saw that applicant was standing there having his one foot over chest of deceased and thereafter, applicant ran away from the spot. Injured was taken to hospital in unconscious condition and on account of injuries sustained by him, he died on 12.08.2022.
Issues for consideration
2 issues framed by the court
Whether the applicant is entitled to bail in a case involving grievous hurt resulting in death under Section 304 IPC.
Whether the delay in lodging the first information report affects the decision on bail.
Parties & counsel
- applicant
Mithilesh
Coram
Mayank Kumar Jain
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · January
- Registered
- Case no.
- BAIL/46370/2022
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