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february 2009

Supreme Court of India · 2009-02-03

Ashok Kumar vs State Of U.P.& Anr

Citation / case number
AIR 2009 SUPREME COURT 1921
Court
Supreme Court of India
Petitioner
Ashok Kumar
Respondent
State Of U.P.& Anr
Author
Arijit Pasayat
Bench
Mukundakam Sharma, Arijit Pasayat

Judgment text excerpt

The Supreme Court examined the bail order granted by the Allahabad High Court to Kamal Singh, who faced charges under Sections 147, 148, 149, 323, 307, 302, 504, and 120B of the IPC. The Court found that the High Court's reliance on the ballistic report, which indicated that the pellets found in the deceased could not have been fired from the accused's licensed rifle, was erroneous. The Court held that the High Court failed to consider critical evidence presented by the prosecution, leading to the conclusion that the bail order was unsustainable and thus set aside the High Court's decision.

Ashok Kumar vs State Of U.P.& Anr · Niyam