Sachin v. State of U.P.
Case brief
What is this about?
Single Judge, Allahabad High Court allowed bail application. Court held criminal history alone did not justify denial. Bail granted with conditions on tampering and appearing in trial.
What did the court decide?
Bail allowed by furnishing personal bond and two sureties each in like amount subject to standard conditions.
What the court decided
Neutral Citation No. - 2023:AHC:235689
Court No. - 76
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 48135 of 2023
Applicant :- Sachin Opposite Party :- State of U.P. Counsel for Applicant :- Manoj Kumar Dhuriya Counsel for Opposite Party :- G.A.
Hon'ble Vikram D. Chauhan,J.
- Learned A.G.A. for the State submits that instructions have been received and has no objection in case the bail application is heard on merits.
- Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
- It is submitted by learned counsel for the applicant that the FIR was lodged against unknown persons with the allegation of assault on two sons of the informant. Subsequently, the injured were taken for medical examination. Injured-Anurag has suffered fracture in the parietal bone, whereas, injured Abhishek has suffered injures which are simple in nature. Learned counsel for the applicant submits that as per statement of the injured three known persons are alleged to have assaulted two injured, however, no specific role has been assigned. The prosecution has not been able to carve out a case, as to who is the author of the injury. The criminal history of the applicant has been explained in paragraph no. 2 of the supplementary affidavit. Applicant is languishing in jail since 11.09.2023 and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial.
Issues for consideration
3 issues framed by the court
Whether the applicant is entitled to bail despite having criminal antecedents.
Whether the lack of specific role assignment to the applicant in the FIR warrants bail.
Whether the applicant satisfied the bail conditions under Section 437 CrPC.
Parties & counsel
- applicant
Sachin
- respondent
State of U.P.
Coram
Vikram D. Chauhan
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · December
- Registered
- Case no.
- BAIL/48135/2023
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