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SUBHASH VIDYARTHI
Yash Pratap Singh – Appellant
Versus
State Of U. P. – Respondent
JUDGMENT :
Subhash Vidyarthi J.
1. Heard Sri Manish Kumar Tripathi, the learned counsel for the applicant and Sri Anant Pratap Singh, the learned AGA for the State and perused the records.
2. This is the second application seeking release of the applicant on bail in Case Crime No. 668 of 2022, under Sections 147, 148, 307, 323, 504, 506 IPC, Police Station Vibhuti Khand, District Lucknow.
3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 16.10.2022 at 16:38 hrs. against three named persons, including the applicant, and an unknown person stating that all the accused persons, carrying hockey-stick, baseball-bat and iron rod, had attacked the informant’s nephew, causing serious injury to him. The injured was being treated in the Intensive Care Unit of Medanta Hospital.
4. The State has filed a counter-affidavit against the first bail application No. 14054 of 2022, annexing therewith the complete medical-papers of the victim showing that initially he was taken to Ram Manohar Lohia Hospital, where he was managed conservatively and thereafter he was shifted to Medanta Hospital. He had complaints of pain and swelling over left eye, pain and swelling over left cheek
The court emphasized the necessity of adhering to Section 309 Cr.P.C. for timely witness examination to prevent undue influence and ensure justice in criminal trials.
The court emphasized the necessity of adhering to Section 309 Cr.P.C. for expeditious witness examination to prevent undue influence and maintain trial integrity.
Grant of Bail - Right of under trial enshrined under Article 21 of the Constitution of India may be considered and protected inasmuch as they should not be compelled to serve maximum punishing.
The court held that the trial court erred in acquitting the accused-respondent as the prosecution had proved the charges against him beyond reasonable doubt.
Section 309 Cr.P.C. provides power to postpone or adjourn proceedings.
(1) Grant of bail to approver – Detaining applicant for indefinite period when there is nothing on record to indicate when trial will be terminated is not only be unfair to applicant but will be dete....
A fair trial must guarantee competent legal representation and adherence to procedural law, failure of which invalidates conviction.
The seriousness of the offense and the post-bail conduct of the accused should be considered while granting bail, and proper trial procedures, especially in cases involving child victims, must be fol....
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