Application filed under Section 439 CrPC for bail in a murder trial was rejected. The Single Judge denied relief considering the nature of evidence, the FIR assigning the applicant a role, and the gravity of the offence, despite bail arguments regarding false involvement.
Bail application was rejected. The applicant was not released on bail.
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. - 16 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4671 of 2020
Applicant :- Kaku Alias Parikshit Bhardwaj Opposite Party :- State of U.P. Counsel for Applicant :- Sharad Chandra,Durgesh Kumar Singh
Counsel for Opposite Party :- G.A.
Hon'ble Samit Gopal,J.
Heard Sri D.K. Singh, learned counsel for the applicant, learned A.G.A. and perused the material on record.
This bail application under Section 439 of Code of Criminal Procedure has been filed by the applicant Kaku Alias Parikshit Bhardwaj seeking enlargement on bail during trial in connection with Case Crime No. 324 of 2019, under Sections 302, 307, 323, 504 I.P.C., registered at P.S. Alapur, District Budaun .
Learned counsel for the applicant argued that the applicant has been falsely implicated in the present case. The recovery of country made pistol has been shown by the police, is false and frivolous as there is no public witness to the same. There is undue delay in lodging the First Information Report without any explanation therein. The applicant is in jail since 30.09.2019.
Per contra, learned AGA opposes the prayer for bail and argued that in the First Information Report, there is specific averment that Smt. Phoolwati wife of the first informant was murdered by the applicant. The postmortem report shows one firearm wound of entry having an exit. The present incident is a daylight incident.
Considering the totality of the case in particular, nature of evidence available on record and considering the fact that the role of applicant has been assigned in the First Information Report, therefore, I am not inclined to release the applicant on bail.
The bail application is, accordingly, rejected.
Order Date :- 5.2.2020 M. ARIF
(Samit Gopal, J.)
3 issues framed by the court
Whether the applicant Kaku Alias Parikshit Bhardwaj should be released on bail under Section 439 CrPC during the trial of a murder case.
Whether the false implications and lack of public witnesses regarding the recovery of the pistol warrant bail.
Whether the gravity of the offence and the role assigned in the FIR necessitate denial of bail.
1 provisions across 1 enactments
Kaku Alias Parikshit Bhardwaj
Samit Gopal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
