Satish v. State of U.P.
Case brief
What is this about?
The High Court rejected an application for bail during trial. The applicant was arrested in a case involving death and injuries allegedly caused during a dispute over water flow. The court found the prosecution version well-corroborated and no grounds for false implication.
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.
Neutral Citation No. - 2023:AHC:218118
Court No. - 69
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 46801 of 2023
Applicant :- Satish Opposite Party :- State of U.P. Counsel for Applicant :- Jitendra Prasad Mishra,Prakhar Kumar Kushwaha Counsel for Opposite Party :- G.A.
Hon'ble Samit Gopal,J.
- Heard Sri Jitendra Prasad Mishra, learned counsel for the applicant and Sri Ajay Singh, learned A.G.A.-I for the State and perused the material on record.
- This bail application under Section 439 of Code of Criminal Procedure has been filed by the applicant- Satish , seeking enlargement on bail during trial in connection with Case Crime No. 274 of 2023, under Section 323, 504, 506, 307, 302 I.P.C., Police Station Devband, District Saharanpur.
- The first information report of the present matter was lodged on 11.05.2023 by Manoj Kumar under Sections 307, 323, 504, 506 I.P.C. against the applicant and 03 other persons alleging therein that on 11.05.2023 he along with his brother Manish Kumar and father Rishipal was working in his field wherein at about 10.30 a.m. the accused persons armed with fawda , lathi , danda and sharp weapon came there and hurled abuses on them and stated that they have stopped the flow of water in the drain after which they assaulted him, his brother and father who have received serious injuries.
Issues for consideration
3 issues framed by the court
Whether the applicant is fit for bail in a case involving death and injuries where prosecution version is corroborated.
Whether the grounds of false implication are well made out to grant bail.
Whether the circumstances warrant enlargement on bail during trial.
Parties & counsel
- applicant
Satish
- respondent
State of U.P.
Coram
Samit Gopal
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · November
- Registered
- Case no.
- BAIL/46801/2023
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