Pramod v. State of U.P.
Case brief
What is this about?
The court granted bail to the applicant Pramod in a murder case, noting prima facie grounds due to delayed trial and witness contradictions, subject to standard conditions without expressing a view on merits.
What did the court decide?
The prayer for bail is granted. The applicant is to be released on executing a personal bond and furnishing two sureties in the same amount.
What the court decided
Court No. - 51
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17814 of 2019
Applicant :- Pramod Opposite Party :- State Of U.P. Counsel for Applicant :- Alok Kumar Rai,Praveen Kumar Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Vipin Sinha,J.
Heard learned counsel for the applicant and learned AGA for the State.
Applicant has moved the present third bail application seeking bail in Case Crime No. 883 of 2016 u/s 302,201 IPC PS Khorabar District Gorakhpur. The first and second bail applications were rejected by this Court vide orders dated 27.2.2017 and 16.2.2018 respectively.
Contention of the learned counsel for the applicant is that while rejecting the second bail application a specific direction was issued by this Court to conclude the trial expeditiously, however the trial has not yet been concluded. Further contention is that subsequent to the rejection of the second bail application the father of the deceased has been examined as PW-1 and he has not supported the prosecution case. Similarly, Pintu who is the witness of last seen has been examined as PW-3 and he has not supported the prosecution case. PW-2 who was the village Chowkidar has also not supported the prosecution case. PW-4 brother of the deceased has not supported the prosecution case.Contention is that applicant is in jail since 7.10.2016 with no criminal history and in case he is released on bail, he will not misuse the said liberty.
Parties & counsel
- applicant
Pramod
Coram
Vipin Sinha
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · July
- Registered
- Case no.
- BAIL/17814/2019
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