Mukesh v. State of U.P.
Case brief
What is this about?
In this bail application, the single judge granted bail to the applicant charged with murder and affray. The court found it a fit case for bail without deciding merits on the applicant's lack of involvement in the fatal injury.
What did the court decide?
Release of applicant on bail under Sections 147, 148, 149, 302, 506, 34 IPC by furnishing personal bond and two sureties subject to specified conditions.
What the court decided
Court No. - 79
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3448 of 2020
Applicant :- Mukesh Opposite Party :- State of U.P. Counsel for Applicant :- Yogendra Pal Singh Counsel for Opposite Party :- G.A.
Hon'ble Harsh Kumar,J.
Vakalatnama filed by Sri Amit Kumar Chaudhary, Advocate on behalf of first informant, is taken on record.
Heard Sri Yogendra Pal Singh, learned counsel for applicant, Sri Amit Kumar Chaudhary learned counsel for first informant, learned A.G.A. and perused the record.
Learned counsel for applicant contended that applicant has been falsely implicated in F.I.R lodged by Smt. Nisha regarding murder of her husband; that as per averments made in F.I.R. on 3.11.2019, applicant and four others armed with pistols abused first informant, her husband, father-in-law and Jethani, following threat of life of her husband and during the incident, when her husband tried to escape, Rinku fired at him, resulting in his death; that as per post mortem report, deceased sustained single fire arm injury, which was cause of his death and applicant is not alleged to be the author of that fatal injury; that case of applicant is distinguishable from Rinku; that co-accused Vijay Singh @ Bize has been granted bail by another Bench of this Court vide order dated 4.12.2019 passed in Criminal Misc. Bail Application No.53666 of 2019, copy filed at Annexure No.7; that applicant has no criminal history; that applicant undertakes that he will not misuse liberty of bail; that applicant is in custody since 04.11.2019.
Issues for consideration
1 issue framed by the court
Whether the applicant is a fit case for bail despite allegations of active participation in the incident.
Parties & counsel
- applicant
Mukesh
- respondent
State of U.P.
Coram
Harsh Kumar
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · February
- Registered
- Case no.
- BAIL/3448/2020
Similar cases
Judgements on the same questions, provisions and authorities, from every court