Ajay Alias Ajju v. State of U.P.
Case brief
What is this about?
In a bail application under Section 439 Cr.P.C. regarding a murder charge, the court rejected the plea relying on discrepancies in the eye-witness statement and lack of corroboration in the post-mortem report, finding the case not fit for bail due to the eye-witness account.
What did the court decide?
Bail application 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. - 17
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7655 of 2018
Applicant :- Ajay Alias Ajju Opposite Party :- State Of U.P. Counsel for Applicant :- Rupendra Kumar Mishra Counsel for Opposite Party :- G.A.
Hon'ble Dinesh Kumar Singh-I,J.
This application under Section 439 Cr.P.C. has been moved seeking bail in Case Crime No. 452 of 2017 under Sections 302/34 I.P.C., Police Station Nakhasa, District Sambhal, during the pendency of trial.
As per FIR, the prosecution's case is that on 18.7.2017, son of the first informant Rohit had gone with his Bhanja Suraj on a motor cycle for purchasing liquor and as soon as both of them reached the liquor shop near Dahpa, the already present accused there, Ajju @ Ajay and Abhai @ Sambhu intercepted them and had beaten them and at about 20:00 hours Ajju @ Ajay fired upon his son Rohit, by which he became seriously injured. About this occurrence, Suraj had informed first informant telephonically and subsequently during treatment son of the deceased expired. FIR was registered the same day at 22:10 hours.
Learned counsel for the applicant contends that the conduct of the eye-witness Suraj is unusual because he has stated that after Rajveer, Mama of the deceased reached the spot, he went away with his mama to his home and that his statement is unbelievable because according to him, present accusedapplicant along with co-accused Abhai @ Sambhu had an scuffle with the deceased, whereafter both of them have fired upon Rohit. The said statement is not corroborated from the post-mortem report, in which four injuries are found which are not mentioned to be fire arm injuries nor any foreign body could be traced out in post- mortem from the body of the deceased. He has criminal history of two cases, which has been explained in the affidavit. The applicant is languishing in jail since 10.8.2017. If he is released on bail, he would not misuse the liberty.
Issues for consideration
1 issue framed by the court
Whether the eye-witness account against the accused renders the case a fit case for granting bail under Section 439 Cr.P.C.
Parties & counsel
- applicant
Ajay Alias Ajju
Coram
Dinesh Kumar Singh
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · March
- Registered
- Case no.
- BAIL/7655/2018
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