Dismissed¶12

Kuldeep v. State of Up

Allahabad HC7 Dec 2020BAIL/34421/2020

Case brief

AI extract

What is this about?

Allahabad High Court (Ajit Singh, J.) rejects second bail application of Kuldeep in a murder case (Section 302 I.P.C., Case Crime No. 284 of 2019, P.S. Katghar, district Moradabad); grounds urged: incarceration since 28.5.2019, non-naming in FIR, name surfacing only in investigation statement of Vishesh, alleged fake recovery without public witness; AGA relied on recovery of blood-stained knife; bail declined without expressing opinion on merits; order dated 7.12.2020.

What did the court decide?

Considering the overall facts and circumstances, the nature of allegations, the gravity of offence, the severity of the punishment and the evidence appearing against the accused, but without expressing any opinion on merits, this Court does not find it to be a fit case for bail. ¶11

Kuldeep Vs State of Up — Murder and Culpable Homicide | Allahabad HC (2020)

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Court No. - 76

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 34421 of 2020

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Applicant :- Kuldeep Opposite Party :- State of U.P. Counsel for Applicant :- Subodh Pandey Counsel for Opposite Party :- G.A.

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Hon'ble Ajit Singh,J.

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Heard learned counsel for the applicant and the learned A.G.A.

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By means of this application, the applicant who is involved in Case Crime No. 284 of 2019, under Section 302 I.P.C., P.S. Katghar, district Moradabad and is in jail since 28.5.2019, is seeking enlargement on bail during the trial.

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The First Information Report of this incident was got lodged by complainant Vikas against one named person and one unknown person. It was mentioned in the FIR that on 26.05.2019 in night his brother has gone to village Dehri to attend the marriage function and he did not return till the next morning and on the next morning of 27.05.2019 at about 6:00 A.M. one Vishesh informed the complainant that after attending the marriage function his brother had gone with Prashant and one unknown person and by those people his brother was done to death by assaulting with bricks and dandas and other things. His dead body was found lying in Verandah of a temple at village Dehri and report was got lodged on 27.05.2019. During investigation the name of present accused has surfaced on 28.05.2019 when Vishesh told that unknown person was Kuldeep.

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This is the second application of the applicant. The first bail application of the applicant was rejected by this Court vide order dated 18.12.2019 passed in Criminal Misc. Bail Application No. 54892 of 2019. The new ground on which the the applicant is seeking enlargement on bail during the trial is that the applicant is in jail since 28.5.2019 and the trial has not yet been concluded. He next submits that the applicant is quite innocent and has been falsely implicated in the present case with ulterior motive. He submits that the present accused was not named in the first information report. His name as an accused in the present case surfaced for the first time during investigation in the statement of complainant, in which he raised suspicion upon the present accused. Further submission is that neither there is any direct, circumstantial nor last seen evidence again the applicant. His implication in the present case is based only upon suspicion. He also submits that the alleged recovery shown from the possession of the applicant is totally fake and false as there is no public witness of the alleged recovery. He lastly submits that the applicant is languishing in jail since 28.05.2020 and in case, he is released on bail he will not misuse the liberty of bail and will cooperate in the trial.

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Per contra learned AGA opposed the prayer for bail and submitted that a knife was recovered from the applicant, which was having blood stains on it.

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Considering the overall facts and circumstances, the nature of allegations, the gravity of offence, the severity of the punishment, the evidence

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appearing against the accused, but without expressing any opinion on merits, this Court does not find it to be a fit case for bail.

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Accordingly, the bail application stand rejected .

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The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by learned counsel for the applicant along with a self attested identity proof of the said persons (preferably Aadhar Card) mentioning the mobile number (s) to which the said Aadhar Card is linked before the concerned Court/Authority/Official.

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The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.

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Order Date :- 7.12.2020 R./

Kuldeep v. State of Up

Case brief

What is this about?

What did the court decide?

Kuldeep v. State of Up

Case brief

What is this about?

What did the court decide?

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