Gurpreet Singh @ Gopi v. State of U.P.
Case brief
What is this about?
Criminal Misc. Bail Application rejected due to the gravity of the offence involving murder. However, the court directed the trial court to conclude the pending trial expeditiously under Section 309 Cr.P.C. quoting Apex Court judgments.
What did the court decide?
Bail rejected; trial directed to be concluded expeditiously under Section 309 Cr.P.C.
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. BAIL APPLICATION No. - 489 of 2019
Applicant :- Gurpreet Singh @ Gopi Opposite Party :- State Of U.P. Counsel for Applicant :- Manish Tiwary Counsel for Opposite Party :- G.A.,Jitendra Singh,Sunil Kumar Srivastava
Hon'ble Vipin Sinha,J.
Counter affidavit filed today is taken on record.
Heard Sri Manish Tiwary, learned counsel for the applicant and learned A. G. A. for the State as well as Sri Jitendra Singh, learned counsel for the complainant.
Applicant has moved the present bail application seeking bail in Case Crime No.0203 of 2018 u/s 302/34 IPC PS Kanth District Shahjahanpur.
Contention of the learned counsel for the applicant is that the story as set up in the FIR is highly improbable that the weapon as assigned to the applicant could not have been used as there is recovery of hundred pellets.
Learned AGA as well as learned counsel for the complainant have opposed the bail prayer with the contention that the applicant has been named in the FIR and specific role of firing has been assigned to him. Further contention is that the bail application of co-accused Pala Singh has already been rejected by another Bench of this Court vide order dated 8.8.2018.
Issues for consideration
2 issues framed by the court
Whether bail should be granted to the applicant under Section 437 Cr.P.C. given the gravity of the offence charged.
Whether the pending trial for the applicant, who is already in jail, should be expedited pursuant to Section 309 Cr.P.C.
Parties & counsel
- applicant
Gurpreet Singh @ Gopi
Coram
Vipin Sinha
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · May
- Registered
- Case no.
- BAIL/489/2019
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