Udai Yadav v. State of U.P.
Case brief
What is this about?
In a second bail application for murder and arms offenses, the court rejected bail despite incomplete trial and lack of support from some witnesses. The court emphasized the gravity of the offense and the reliability of the eye witness, directing the trial court to conclude proceedings expeditiously.
What did the court decide?
Bail application rejected; the trial court is directed to conclude the trial expeditiously fixing short dates.
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. - 78
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 29291 of 2019
Applicant :- Udai Yadav Opposite Party :- State of U.P. Counsel for Applicant :- Rabindra Tiwari,Satyendra Narayan Singh Counsel for Opposite Party :- G.A.
Hon'ble Om Prakash-VII,J.
This is Second Bail Application to release the applicant on bail in case crime no. 609 of 2014, under Section 302 IPC and Section 3/25 of the Arms Act, Police Station Dhoomanganj, district Allahabad.
First bail application was rejected by this Court for non prosecution.
Heard Sri Satyendra Narayan Singh, learned counsel appearing for the applicant and learned A.G.A.
Learned counsel for the applicant submits that applicant is languishing in jail since 05.11.2014 and till date trial has not been concluded. Two prosecution witnesses including the informant out of three examined during trial have not supported the prosecution case. There remains only the statement of prosecution witness no. 2 Pramod with whom there was previous enmity between the accused and the said witness. Thus, prayer was made to allow the bail application. It is also argued that all the criminal cases shown as criminal history have been explained in which either the applicant is on bail or has been acquitted.
Issues for consideration
2 issues framed by the court
Whether the applicant is entitled to bail in a case involving murder under Section 302 IPC and Sections 3 and 25 of the Arms Act.
Whether the eye witness statement supports prosecution case sufficiently to deny bail.
Parties & counsel
- applicant
Udai Yadav
- respondent
State of U.P.
Coram
Om Prakash
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · February
- Registered
- Case no.
- BAIL/29291/2019
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