Pradeep v. State of U.P.
Case brief
What is this about?
Bail application rejected refusing to grant bail to applicant in murder case citing admitted enmity. Trial court directed to expedite trial to conclude within six months.
What did the court decide?
Bail rejected; trial court directed to expedite and conclude trial within six months.
What the court decided
Court No. - 1
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 23395 of 2018
Applicant :- Pradeep Opposite Party :- State Of U.P. Counsel for Applicant :- Manish Tiwary Counsel for Opposite Party :- G.A.
Hon'ble Ramesh Sinha,J.
Sri Deepak Dubey, Advocate, has filed his Vakalatnama today in Court, which is taken on record.
Heard Sri Manish Tiwary, learned counsel for the applicant, Sri Deepak Dubey, learned counsel for the complainant, Sri A.K.Trivedi, learned A.G.A. for the State and perused the record.
It has been contended by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case due to old enmity. He further submitted that the FIR was lodged by the informant, namely Devendra Singh who is son of the deceased, against the applicant along with other named co-accused persons and two unknown assigning specific role of firing at the deceased, who died on account of single shot. He further submitted that immediately few hours of lodging of the FIR, statement of the informant was recorded under Section 161 Cr.P.C. in which he assigned the specific role of shooting at the deceased to one Ashok, who was not named in the FIR and the same has also been reiterated in his second statement recorded under Section 161 Cr.P.C. Thereafter, the Investigating Officer was also changed on a complaint made by the informant of the case regarding bias investigation of the case. The applicant is in jail since 16.1.2018.
Issues for consideration
2 issues framed by the court
Whether good and sufficient cause exists to grant bail to the applicant accused of murder and affray given old enmity and procedural irregularities in investigation.
Whether the trial court is directed to expedite the trial of the complaint having regard to the delay caused by the applicant.
Parties & counsel
- applicant
Pradeep
- respondent
State Of U.P.
Coram
Ramesh Sinha
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · June
- Registered
- Case no.
- BAIL/23395/2018
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