Ashok Kumar v. State of U.P.
Case brief
What is this about?
Court rejected second bail application in criminal trial for rioting and attempted murder, finding it not a fit case due to severity of punishment and lack of new grounds despite applicant's health and contradictions in prosecution evidence.
What did the court decide?
Bail application rejected; trial concluded expeditiously.
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. - 45
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12207 of 2018
Applicant :- Ashok Kumar Opposite Party :- State Of U.P. Counsel for Applicant :- Chhaya Gupta,Kamal Dev Pandey,Sujeet Kumar,Vijit Saxena Counsel for Opposite Party :- G.A.,Suresh Chandra Pandey
Hon'ble Harsh Kumar,J.
Counter affidavit filed by learned AGA is taken on record.
Heard Sri Vijit Saxena, learned counsel for applicant, Sri S.C. Pandey, learned counsel for first informant, learned A.G.A. and perused the record.
This is second bail application after rejection of first bail application by this Bench vide order dated 20.07.2017 passed in Criminal Misc. Bail Application No. 43877 of 2016.
Learned counsel for applicant contends that applicant has been falsely implicated; that after rejection of first bail application of applicant vide order dated 20.07.2017, statements of prosecution witnesses, first informant and Anand Chaturvedi injured, have been recorded; that coaccused Harshvardhan has already been granted vide order dated 10.11.2016; that there are material contradictions in statements of PW-1 and PW-2 which are also in contradiction to medical evidence on record; that applicant is old and sick person and is languishing in jail since 27.07.2016.
Issues for consideration
1 issue framed by the court
Whether grant of bail can be made in the second bail application on curing the defects pleaded by the applicant.
Parties & counsel
- applicant
Ashok Kumar
Coram
Harsh Kumar
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · January
- Registered
- Case no.
- BAIL/12207/2018
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