Naresh v. State of U.P.
Case brief
What is this about?
Crim. Misc. Bail Application preferred by Naresh in a murder case involving multiple injuries and death. The court rejected the bail prayer, citing the gravity of the offence, last seen evidence, and identity of the accused, while directing the Trial Court to decide the matter expeditiously.
What did the court decide?
Bail application rejected; Trial Court directed to decide case within six months.
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. - 77
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 34362 of 2018
Applicant :- Naresh Opposite Party :- State of U.P. Counsel for Applicant :- Chandra Shekhar Kushwaha,Digvijay Singh,Narendra Nath Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Subhash Chand,J.
Heard learned counsel for applicant(s), learned A.G.A. and perused the record.
This bail application has been preferred by the accusedapplicant(s), Naresh, who is involved in Case Crime No. 29 of 2018, under Sections 302 I.P.C. P.S.- Chhajlet, DistrictMoradabad.
In brief, the FIR version is that son of informant Dharam Pal's wife Reena had illicit relation with Naresh son of Pali Sahi. On 22.1.2018 at about 10:00 PM, his son Dharam Pal was sleeping inside the house. Reena and Naresh both reached there and tied his son with the rope and after pouring kerosine oil upon his body, set him ablaze. Hearing the screaming, informant, his daughter and his wife rushed at the place of occurrence and saw Naresh fleeing away from the place of occurrence. Nearby persons were also attracted there and extinguished the fire. Injured was rushed to the hospital at Moradabad and from there he was referred to the Delhi. During treatment, Dharam Pal died. On this written information, the Case Crime No. 29 of 2018 was registered at P.S.- Chhajlet, District- Moradabad on the next day of occurrence under Section 307 of the IPC and during investigation after the death of Dharam Pal Section 302 IPC was enhanced. .
Issues for consideration
3 issues framed by the court
Whether bail should be granted to the accused involved in a murder case amidst last seen evidence and lack of dying declaration.
Whether the gravity of the offence under Section 302 IPC and facts of the case render it a fit case for bail.
Whether the Trial Court should decide the case expeditiously without undue adjournments.
Parties & counsel
- applicant
Naresh
Coram
Subhash Chand
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · November
- Registered
- Case no.
- BAIL/34362/2018
Similar cases
Judgements on the same questions, provisions and authorities, from every court