Vakeel v. State of U.P.
Case brief
What is this about?
The High Court rejected a bail application filed by Vakeel accused of murder under Section 302 IPC. The court found the case not fit for bail, citing the severity of punishment and opposition by the State.
What did the court decide?
Bail application rejected. Trial to be disposed expeditiously.
What the court decided
Court No. - 45
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1984 of 2019
Applicant :- Vakeel Opposite Party :- State Of U.P. Counsel for Applicant :- Bharat Singh Counsel for Opposite Party :- G.A.
Hon'ble Harsh Kumar,J.
Supplementary affidavit filed by learned counsel for applicant today in the Court, is taken on record.
Heard learned counsel for applicant, learned AGA for the State and perused the record.
Learned counsel for applicant contended that applicant has been falsely implicated; that as per averments made in F.I.R., first informant attended a marriage ceremony at the place of Janu on 15/16.9.2017 along with his son Sharukh and at about 12 in the midnight during dance and songs, applicant allegedly fired at Sharukh, who was immediately taken to medical college, but succumbed to gun shot injuries on way to medical college; that deceased was 18 years old young boy and applicant had no motive to cause his death; that deceased Shahrukh appears to have been hit during Harsh firing and since applicant was also doing Harsh firing, he has been falsely implicated on the basis of suspicion; that despite framing of charges against applicant, no evidence has been adduced as yet, which is clear from certified copy of order sheet filed with supplementary affidavit; that applicant has no criminal history; that applicant undertakes that he will not misuse the liberty of bail; that applicant is in custody since 19.9.2017.
Issues for consideration
3 issues framed by the court
Whether the applicant is entitled to bail under Section 302 IPC given the severity of the offense and opposition by the prosecution.
Whether the applicant has established sufficient grounds to obtain bail by alleging false implication and lack of evidentiary support.
Whether the facts and circumstances of the case warrant the rejection of the bail application.
Parties & counsel
- applicant
Vakeel
Coram
Harsh Kumar
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · February
- Registered
- Case no.
- BAIL/1984/2019
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