Vijendra v. State of U.P.
Case brief
What is this about?
The court rejected a bail application under Section 302 IPC, directing the trial court to dispose of the matter under Section 309 Cr.P.C. despite hostile prosecution witnesses and lack of prior criminal history.
What did the court decide?
Bail application is hereby rejected.
What the court decided
A compact analysis
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 55
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 18613 of 2018
Applicant :- Vijendra Opposite Party :- State Of U.P. Counsel for Applicant :- Bharat Singh Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Heard Sri Bharat Singh, learned counsel for the applicant and learned AGA for the State and perused the record.
According to the prosecution case, the F.I.R. was lodged by Than Singh (brother of deceased and uncle of applicant) against applicant Vijendra (son of deceased) alleging that on 18.11.2016 at 7 p.m. he shot fire at Chaukhe Singh (father of applicant), he received one gunshot injury, died resultantly.
Learned counsel for the applicant submitted that the applicant has been falsely implicated in the present case due to previous enmity. Two witnesses namely Than Singh and Somwati have been examined, they have not supported the prosecution case and turned hostile. In case he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial; he is languishing in jail since 23.12.2016 (near about one year and five months) having no criminal history.
Learned A.G.A. opposed the prayer for bail and submitted that a country made pistol was recovered from the possession of applicant and sent for ballistic report. According to F.S.L. report lad copper and nitrate were found in the barrel of said pistol.
Issues for consideration
2 issues framed by the court
Whether the bail application should be allowed or rejected.
Whether the applicant was falsely implicated.
Parties & counsel
- applicant
Vijendra
Coram
Aniruddha Singh
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · May
- Registered
- Case no.
- BAIL/18613/2018
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