In a bail application under Section 302 IPC, the court rejected the prayer despite the applicant's lack of criminal history, deeming it not a fit case for bail due to the gravity of the offence and prosecution motive. The trial court was directed to expedite the trial.
Bail application rejected. Trial directed to be expeditious.
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. - 84
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3679 of 2019
Applicant :- Sanjeet Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Dr. Akhilesh Kumar Counsel for Opposite Party :- G.A.
Hon'ble Raj Beer Singh,J.
The present bail application has been filed by the applicant in Case Crime No. 467 of 2018, under Section 302 of IPC, Police Station Shahpur, District Gorakhpur with the prayer to enlarge the applicant on bail.
Heard learned counsel for the applicant, learned AGA for the State and perused the record.
It has been argued by learned counsel for the applicant that applicant has been falsely implicated merely on the basis of suspicion and there is no evidence against him. Even as per prosecution version, First Information of incident was given by alleged witness Pratibha Singh but at that time, she has not made any allegation whatsoever against the applicant. It was submitted that after three days of incident, alleged witness Pratibha Singh has made statement which is false and afterthought. There is no eye witness of alleged incident and that alleged recovery of 'Danda' at the instance of applicant, is not reliable. It was submitted that applicant is languishing in jail since 19.08.2018 having no criminal history and that in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
Learned A.G.A. opposed the prayer for bail and argued that applicant is named in FIR and motive has also been attributed to him. As per prosecution version, applicant was working as
salesman whereas deceased was Manager and that deceased was not happy with his performance and he used to scold him and due to that reason, applicant has committed the alleged crime.
Considering the submissions of learned counsel for the parties, nature of allegation, gravity of offence and all attending facts and circumstances of case, the Court is of the opinion that it is not a fit case for bail. Hence, the bail application is hereby rejected.
However, keeping in view period of incarnation of applicant, learned trial court is directed to expedite the trial and to decide the same as early as possible.
Order Date :- 6.12.2019 Mohit
2 issues framed by the court
Whether the applicant is entitled to bail in a case under Section 302 of IPC involving murder.
Whether the applicant needs to be enlarged on bail considering the nature of allegations and gravity of offence.
Sanjeet Kumar
Raj Beer Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
