Rakesh Tripathi v. State of U.P.
Case brief
What is this about?
The court rejected a bail application for an applicant charged with murder, citing witness statements placing him at the scene. However, the court directed the trial court to conclude the pending trial as early as possible under Section 309 Cr.P.C. and principles laid down in Supreme Court precedents.
What did the court decide?
Bail application rejected; trial directed to be concluded as early as possible 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. - 6538 of 2018 Applicant :- Rakesh Tripathi Opposite Party :- State Of U.P. Counsel for Applicant :- Arvind Prabodh Dubey,Ravindra Kumar Singh Counsel for Opposite Party :- G.A.,Alok Kumar Gupta,Ravindra Kumar Singh
Hon'ble Vipin Sinha,J.
This bail application moved on behalf of applicant praying to enlarge the applicant on bail in Case Crime No.458 of 2017, under Sections 302, IPC, Police Station Gorakhnath, District Gorakhpur.
Heard learned counsel for the applicant and Sri V. K. Pandey, learned AGA for the State.
There are consistent evidenced and statements of the mother, brother and father of the deceased, showing the presence of the applicant on the place of incident, who was in live in relationship with the deceased and also living in the same house on the date of incident. The applicant is languishing in jail since 21.10.2017.
In view of the statements of the mother, brother and father of the deceased, which have been perused by the Court, no case for grant of any indulgence has been made.
Accordingly, the present bail application is hereby rejected, at this stage.
However, looking to the fact that the applicant is in jail since 21.10.2017, it is directed that the trial of the aforesaid case pending before the concerned court below be concluded as early as possible, in accordance with Section 309 Cr.P.C. and in view of principle as has been laid down in the recent judgment of Hon'ble Apex Court in the case of Vinod Kumar v. State of Punjab reported in 2015 (3) SCC 220 and Hussain and Another v. Union of India; 2017 (5) SCC 702, if there is no legal impediment.
Issues for consideration
2 issues framed by the court
Whether bail should be granted to the applicant in a murder case under Section 302 IPC.
Whether the pending trial of the applicant should be concluded as early as possible under Section 309 Cr.P.C.
Parties & counsel
- applicant
Rakesh Tripathi
Coram
Vipin Sinha
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · May
- Registered
- Case no.
- BAIL/6538/2018
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