Vijendra v. State of U.P.
Case brief
What is this about?
In the second bail application under Sections 302 and 34 IPC, the Hon'ble Court rejected the application noting assigned role in felony and enmity. However, ordered trial conclusion within eight months under Section 309 Cr.P.C.
What did the court decide?
Application for bail rejected; trial to conclude in eight months.
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. - 51 Case :- CRIMINAL MISC. 2nd BAIL APPLICATION No. - 12920 of 2019 Applicant :- Vijendra Opposite Party :- State Of U.P. Counsel for Applicant :- A.C.Srivastava,Ravitendra Pratap Singh Chandel Counsel for Opposite Party :- G.A.
Hon'ble Vipin Sinha,J.
Heard learned counsel for the applicant, Sri Mahipal Singh, learned counsel for the complainant and Sri Yogeshwar Rai, learned AGA appearing for the State.
This second bail application moved on behalf of applicant praying to enlarge him on bail in Case Crime No.468 of 2014, under Sections 302 and 34, IPC, Police Station, Civil Lines, District Meerut.
This is a second bail application filed on behalf of the applicant. The first bail application of moved on behalf of the applicant was rejected by this Court vide order dated 24.05.2018.
Perusal of record shows that the applicant has been named in the FIR, specific role of firing has been assigned to the present applicant and it is a day light incident, it is also admitted facts that previous enmity exists between the parties. The present second bail application is being presses by the counsel for the applicant solely on the ground that the applicant is in jail since 02.03.2015 with no previous criminal history.
In view of the aforesaid facts and looking to the allegations as made in the FIR, no case for grant of indulgence has been made out by this Court.
Accordingly, the application for bail is rejected at this stage.
Issues for consideration
1 issue framed by the court
Whether bail can be granted to the applicant who has been in jail since 02.03.2015 alleging no previous criminal history?
Parties & counsel
- applicant
Vijendra
- respondent
State Of U.P.
Coram
Vipin Sinha
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · August
- Registered
- Case no.
- BAIL/12920/2019
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