Back
IN THE HIGH COURT OF ALLAHABAD
Hon'ble Samit Gopal,J.
Sonu – Appellant
Versus
State of U.P. – Respondent
JUDGMENT :
Samit Gopal, J.
1. List revised.
2. Heard Sri Mahendra Kumar Yadav, Advocate holding brief of Sri Vipin Kumar Yadav, learned counsel for the applicant and Sri Bade Lal Bind, learned counsel for the State and perused the material on records.
3. This bail application under Section 439 of Code of Criminal Procedure has been filed by the applicant- Sonu, seeking enlargement on bail during trial in connection with Case Crime No. 67 of 2021 (S.T. No. 2279 of 2021), under Sections 302, 120-B, 34 I.P.C. Police Station Pisawa, District Aligarh.
4. Learned counsel for the applicant argued that the applicant has been falsely implicated in the present case. It is submitted that the first information report was lodged by Saurabh Kumar nephew of the deceased Vijay Pal against Beerpal Singh, Manoj Kumar, Laturi Singh and son-in-law of Veerpal stating therein that there had been some dispute with regards to land between him and Veerpal and the accused persons have murdered his uncle Vijay Pal Singh by firing upon him. It is submitted that one alleged witness Gaurav named co-accused Dhanpal and Prashant in the present matter who were arrested and from the possession of Prashant a country-made
Bail can be granted when the applicant is not named in the FIR and lacks incriminating evidence, emphasizing the need for conditions to prevent misuse.
Bail may be granted when there is no direct evidence linking the accused to the crime, and the accused has cooperated with the investigation.
The absence of eyewitnesses and lack of evidence against the accused justified the grant of bail, emphasizing the principle of preventing unnecessary detention without risk of influencing witnesses.
Granting bail based on lack of specific allegation, absence of criminal history, and parity with co-accused.
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....
The court's decision was influenced by the similarity of the petitioner's case to the co-accused who had been granted bail and the absence of recovery of contraband from the petitioner's possession, ....
The court assessed the validity of bail applications considering custody duration and absence of incriminating evidence.
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
