Sandeep v. State of U.P.
Case brief
What is this about?
Criminal Misc. Bail Application allowed. Court held bail is the rule under Article 21. Granting bail to applicant in murder case pending trial subject to conditions.
What did the court decide?
Applicant Sandeep released on bail upon furnishing a personal bond and two sureties each with specific conditions.
What the court decided
Court No. - 88
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 59496 of 2022
Applicant :- Sandeep Opposite Party :- State of U.P. Counsel for Applicant :- Rajendra Kumar Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Vikram D. Chauhan,J.
Learned A.G.A. submits that instructions have been received and he 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 that the applicant was not named in the first information report and the first information report was lodged with the allegation that the wife of the informant was found lying dead on the chak road and some unknown persons have committed the murder. The first information report was lodged on 10.3.2022. Subsequently, after six months the name of the applicant has surfaced with the allegation that after the death of the deceased, the applicant helped the main accused Papnesh in removing the dead body. There is no direct evidence linking the applicant with the alleged crime. Even otherwise, the allegation with regard to murder is on the coaccused Papnesh. The applicant has no criminal history. Applicant is languishing in jail since 16.11.2022 and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial.
Learned A.G.A. for the State opposed the prayer for bail but does not dispute factual matrix of the case.
Issues for consideration
2 issues framed by the court
Whether bail should be granted to the applicant who was added as an accused after the FIR registration and has no criminal history.
Whether any material exists to suggest the applicant may tamper with evidence, intimidate witnesses, or flee justice.
Parties & counsel
- applicant
Sandeep
Coram
Vikram D. Chauhan
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · May
- Registered
- Case no.
- BAIL/59496/2022
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