Ashish v. State of U.P.
Case brief
What is this about?
The Allahabad High Court, in Criminal Misc. Bail Application No. 7500 of 2023, granted bail to the applicant Ashish in a murder and related offences case, relying on prima facie material raised in the application.
What did the court decide?
Relased on bail on furnishing personal bond and two local sureties complying with standard conditions.
What the court decided
Neutral Citation No. - 2023:AHC:134732
Court No. - 85
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7500 of 2023
Applicant :- Ashish Opposite Party :- State of U.P. Counsel for Applicant :- Mahesh Narain Singh,M.N. Singh Counsel for Opposite Party :- G.A.,Narayan Singh(Kushwaha)
Hon'ble Mayank Kumar Jain,J.
Heard learned counsel for the applicant, Sri Narayan Singh (Kushwaha), learned counsel for the informant-opposite party, learned A.G.A. for the State and perused the entire record.
The present bail application has been filed on behalf of applicant in Case Crime No.0211 of 2022, under Sections 147, 148, 149, 504, 323, 336, 307, 302, 506 I.P.C., Police Station Jalesar, District Etah with the prayer to enlarge the applicant on bail.
It is submitted by learned counsel for applicant that applicant is innocent and has not committed any offence as alleged in the first information report. It is further submitted that applicant is not named in the F.I.R. Name of the applicant was disclosed by one Dharmendra during investigation. No specific role has been assigned to the applicant in the incident. It has been further submitted that no motive has also been assigned to the applicant and general allegations have been made against the applicant. No recovery of any incriminating article has been made either on the pointing out or from possession of the applicant. It is further submitted that co-accused, Monu @ Keshav Prasad Singh and Ramu @ Ram Kumar, Ajay Kumar @ Raju and Raju @ Raju Khan have been granted bail by the Co-ordinate Bench of this Court vide orders dated 12.05.2023 and 17.05.2023 passed in Criminal Misc. Bail Application Nos.13463 of 2023 and 7582 of 2023. Criminal history of the applicant has been explained in paragraph nos.5 to 8 of the supplementary affidavit. Learned counsel for applicant lastly submits that applicant is in jail since 25.11.2022 and that in case applicant is enlarged on bail, applicant will not misuse the liberty of bail.
Issues for consideration
2 issues framed by the court
Whether the applicant is entitled to bail in offences under Sections 147, 148, 149, 504, 506, 323, 336, 307 and 302 IPC.
Whether pressing allegations or character of the applicant warrant refusal of bail prima facie.
Parties & counsel
- applicant
Ashish
- respondent
State of U.P.
Coram
Mayank Kumar Jain
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · July
- Registered
- Case no.
- BAIL/7500/2023
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