Supreme Court of India · 2009-02-03
ASHOK KUMAR vs STATE OF U.P.
- Citation / case number
- SC 2007/27370
- Court
- Supreme Court of India
- Petitioner
- ASHOK KUMAR
- Respondent
- STATE OF U.P.
- Author
- ARIJIT PASAYAT
- Bench
- ARIJIT PASAYAT,ASOK KUMAR GANGULY, , ,
Judgment text excerpt
The Supreme Court addressed the appeal against the Allahabad High Court's order granting bail to Kamal Singh, who was charged under Sections 147, 148, 149, 323, 307, 302, 504, 34, and 120B of the IPC. The Court noted that the High Court had relied on a ballistic report indicating that the pellets found in the deceased could not have been fired from the accused's licensed rifle, thereby establishing a fresh ground for bail. The Supreme Court found the High Court's reasoning erroneous, as it overlooked critical evidence linking the accused to the crime, and thus allowed the appeal, setting aside the bail order.