Vimlesh Alias Mukhiya v. State of U.P.
Case brief
What is this about?
The court rejected the bail application of Vimlesh Alias Mukhiya, charged with murder and other offences, holding that it was not a fit case for bail despite the applicant's lack of criminal history and long custody.
What did the court decide?
Bail application rejected; the case to be decided expeditiously under Section 309 Cr.P.C.
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. - 50
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 10627 of 2019
Applicant :- Vimlesh Alias Mukhiya Opposite Party :- State Of U.P. Counsel for Applicant :- Jai Shanker Audichya Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Heard learned counsel for the applicant and Sri Mayank Mishra, learned brief holder for the State and perused the record.
According to prosecution case, F.I.R. was lodged against the applicant alleging that on 1.6.2016, he shot fire at Kitab Singh on his stomach, he received gun shot injury and resultantly died.
Learned counsel for the applicant submitted that the applicant has been falsely implicated in the present. There is no independent witness against the applicant. 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 8.10.2017 (more than one year and five months) having no criminal history.
Learned A.G.A. opposed the prayer for bail and submitted that applicant was named in the F.I.R. He shot fire at deceased and only one gun shot injury was found on the body of deceased caused by applicant. Hence, he is not entitled for bail.
Considering the submissions of learned counsel for the parties, facts of the case, nature of allegation and period of custody, gravity of offence, without expressing any opinion on the merits of the case, the Court is of the opinion that it is not a fit case for bail. Hence the bail application of applicant Vimlesh Alias Mukhiya involved in Case Crime No. 174 of 2016, under Sections 302, 504 IPC, P.S. Patiyali, District Kasganj is hereby rejected at this stage.
Issues for consideration
1 issue framed by the court
Whether the bail application of the applicant charged with murder should be accepted at this stage.
Parties & counsel
- applicant
Vimlesh Alias Mukhiya
Coram
Aniruddha Singh
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · March
- Registered
- Case no.
- BAIL/10627/2019
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