Gulshan @ Hajra v. State of U.P.
Case brief
What is this about?
Hon'ble Rahul Chaturvedi, J. rejected the bail application of Gulshan @ Hajra, a co-accused in a murder case. The Court noted that bail of a co-accused had already been rejected and the applicant's complicity was established, leading to a refusal of enlargement.
What the court decided
A compact analysis
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Court No. - 67
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 10486 of 2021
Applicant :- Gulshan @ Hajra Opposite Party :- State of U.P. Counsel for Applicant :- Syed Ali Imam,Jitendra Kumar Mishra,Lok Nath Shukla
Counsel for Opposite Party :- G.A.
Hon'ble Rahul Chaturvedi,J.
Heard learned counsel for the applicant as well as learned A.G.A.
By means of this application, the applicant who is involved in case crime no.274 of 2018, under Sections 302, 120B, 34 IPC, Police Station-Jarcha, DistrictGautam Budh Nagar is seeking enlargement on bail during the trial.
A perusal of the material available on record shows that bail application of coaccused Ali Hasan bearing Criminal Misc. Bail Application No.55766 of 2019 has already been rejected by co-ordinate Bench of this Court on 19.12.2019. The contention is that the entire incident was witnessed by Sahil and Amir who vividly stated that his parents namely Ali Hasan and Smt. Gulshan has brutally assaulted his fufa (deceased). The deceased has sustained as many as 15 injuries over his person. There is an eye witness account of the incident. Though, learned counsel for the applicant submits that the informant has not supported the prosecution case as PW-1. Learned counsel for the applicant has unable to point out any law related to hostility of the witness. The applicant is languishing in jail since 09.11.2018.
Issues for consideration
1 issue framed by the court
Whether bail should be granted to the applicant accused under Sections 302, 120B, and 34 IPC.
Parties & counsel
- applicant
Gulshan @ Hajra
Coram
Rahul Chaturvedi
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · October
- Registered
- Case no.
- BAIL/10486/2021
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