Back
SUBHASH VIDYARTHI
Mukesh Kumar – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
SUBHASH VIDYARTHI, J.
1. Heard Sri Bharat Kumar Dixit, learned counsel for the applicant, Sri Akhilesh Kumar Vyas, learned A.G.A. for the State and Sri Jaikaran, learned counsel for the informant and perused the records.
2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 478 of 2022, under Sections 386 and 506 I.P.C. and 3/25 Arms Act, registered at Police Station Millarea (Industrial Area), District Raebareli.
3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 23.11.2022 against three persons, including the applicant, alleging that the accused persons are threatening the informant for extorting money from him.
4. In the affidavit filed in support of bail application, it has been stated that the applicant is innocent and he has been falsely implicated in the present case.
5. A supplementary affidavit has been filed on behalf of the applicant explaining his alleged involvement in 27 other cases, 8 of which have been mentioned wrongly and in all the other cases, the applicant has already been granted bail. Both the other named accused persons Badal Singh and Raghvendra Singh @ Subham Singh have already
The court may grant bail based on the assertion of innocence and lack of dispute from the opposing counsel, without affecting the merits of the case.
The main legal point established in the judgment is that an accused may be granted bail based on factors such as not being named in the F.I.R., being arrested on the information of a squealer along w....
Granting bail based on lack of specific allegation, absence of criminal history, and parity with co-accused.
The court granted bail based on the applicant's lack of prior criminal history and insufficient evidence against him, emphasizing the rights under Article 21.
The court considered the applicant's criminal history, the arguments of the learned counsel, and the fact that five co-accused persons had already been granted bail in the same case before deciding t....
The judgment emphasized the importance of considering the factual background and the distinction between civil and criminal disputes in determining the applicability of legal precedents.
The court has the discretion to grant bail based on the facts and circumstances of the case, without commenting on the merits of the case.
The main legal principle established is that bail is the rule and committal to jail is an exception, and the purpose of keeping the accused person in detention during the trial is to secure their att....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
