Kurban v. State of U.P.
Case brief
What is this about?
This judgment grants bail to a petitioner accused of murder on the basis of a co-accused's confession and hearsay evidence, without expressing an opinion on the merits of the case.
What did the court decide?
Released on bail on furnishing a personal bond and two sureties each.
What the court decided
Court No. - 66
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1804 of 2020
Applicant :- Kurban Opposite Party :- State of U.P. Counsel for Applicant :- Mohd. Naushad,Rajiv Sisodia Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Heard Sri Rajiv Sosodia, learned counsel for the applicant, learned A.G.A. and perused the record.
The present bail application has been filed by the applicant in Case Crime No. 318 of 2019, u/s 302, 201, 34 IPC, P.S. Jhinjhana, District Shamli with the prayer for enlarging him on bail.
It is submitted by learned counsel for the applicant that the applicant has been made an accused on the basis of confessional statement of coaccused Wajid, who happens to be husband of the deceased and could had motive to murder her before the brother of the deceased. It is argued that except extra judicial confession made by co-accused and on the basis of some hearsay evidence that the applicant was also involved in the crime there is no other evidence to connect the applicant with the present crime. It is argued that case of the applicant is distinguishable from that coaccused Wajid inasmuch as he is husband of the deceased with whom he had strained relation.
Learned A.G.A. has opposed the prayer for bail and submitted that case of the applicant is distinguishable from that of co-accused Wajid.
Issues for consideration
1 issue framed by the court
Whether the applicant, charged with murder based partly on a co-accused's confession and hearsay, is entitled to bail.
Parties & counsel
- applicant
Kurban
- respondent
State of U.P.
Coram
Rajul Bhargava
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · January
- Registered
- Case no.
- BAIL/1804/2020
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