The High Court of Judicature at Allahabad (Court No. 84) rejected bail application in a murder case, holding that the gravity of the offence precludes it being a fit case for bail, though expedited trial was directed.
Bail application rejected; trial to be expedited.
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. - 4710 of 2019
Applicant :- Raghuveer Opposite Party :- State of U.P. Counsel for Applicant :- Gaurav Singh,Mohd. Irfan Counsel for Opposite Party :- G.A.
Hon'ble Raj Beer Singh,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
The present bail application has been filed by the applicant in case crime No. 113 of 2018, under Section 302 IPC, P.S. Bhot, District Rampur with the prayer to enlarge him on bail.
It has been argued by the learned counsel for the applicant that applicant is innocent and has been falsely implicated in this case. There is no eye-witness of alleged incident and that alleged evidence regarding last seen is not reliable. Similarly alleged extra judicial confession shown against the applicant is also not reliable. Learned counsel for the applicant further submitted that medical evidence also does not corroborate prosecution version as the injury no.1 sustained by deceased is not possible by axe. Learned counsel further submitted that alleged recovery of axe is false and baseless and that applicant is languishing in jail since 17.06.2018 and that in case he is released on bail, he will not misuse the liberty of bail and cooperate in the trial.
Learned A.G.A. has opposed the prayer for bail and argued that there is evidence against the applicant that he has committed murder of his brother in a brutal manner. It was submitted that there is evidence that deceased was last seen with the applicant and that the axe used in commission of murder, has also been
recovered at the instance of applicant. Learned A.G.A. has further submitted that even the wife and son of deceased have made statements against the applicant. It was also stated that the deceased was having illicit relations with wife of applicant and on that account murder of deceased has been committed.
Considering the submissions of learned counsel for the parties, nature of allegations, 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 of applicant Raghuveer 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 :- 13.12.2019 A. Tripathi
2 issues framed by the court
Whether bail should be granted in a case involving murder under Section 302 IPC despite arguments of false implication and unreliable evidence?
Whether the trial should be expedited given the applicant's period of incarceration?
1 provisions across 1 enactments
Raghuveer
Raj Beer Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
