The High Court allowed the applicant's bail application in a case involving charges under Section 307 IPC and Arms Act for firing at police, noting no police injuries and prior bail for a co-accused.
Release of the applicant on bail upon furnishing a personal bond and two sureties.
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. - 2024:AHC-LKO:53206
Court No. - 31
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8065 of 2024
Applicant :- Rajesh @ Ajay Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko Counsel for Applicant :- Alok Kumar Mishra Counsel for Opposite Party :- G.A.
Hon'ble Subhash Vidyarthi,J.
case and keeping in view the fact that although it is alleged that coaccused persons had made indiscriminate firing, but no police persons had suffered any injury in the incident and it is the applicant who himself got injured and that other co-accused person has already been granted bail by this Court, without making any observations which may affect the merits of the case, I am of the view that the aforesaid facts are sufficient for making out a case for enlargement of the applicant on bail.
8. Accordingly, this bail application stands allowed.
(i) the applicant shall not tamper with the prosecution evidence;
(ii) the applicant shall not pressurize the prosecution witnesses;
(iii) the applicant shall appear on each and every date fixed by the trial court.
Order Date :- 2.8.2024 Sachin
(Subhash Vidyarthi,J.)
Digitally signed by :- SACHIN TIWARI High Court of Judicature at Allahabad, Lucknow Bench
2 issues framed by the court
Whether the applicant qualifies for bail despite allegations of shooting at police in a firing incident where no police personnel were injured.
Whether the fact that a co-accused has already been granted bail is a relevant consideration for the applicant's bail application.
Rajesh @ Ajay
Subhash Vidyarthi
As recorded by the court registry
2 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
