Aditya Alias Marshall v. State of U.P.
Case brief
What is this about?
In this criminal bail application under Sections 147, 148, 149, 302 IPC, the Allahabad High Court rejected the applicant's second plea for bail. The court found no ground for bail due to lack of satisfactory reply regarding potential false implication by a close relative. The trial was directed to conclude within six months under Section 309 Cr.P.C.
What did the court decide?
Application rejected; Trial directed to conclude within six months under Section 309 Cr.P.C.
What the court decided
Court No. - 53
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13727 of 2020
Applicant :- Aditya Alias Marshall Opposite Party :- State of U.P. Counsel for Applicant :- Narendra Singh Chahar,Satish Kumar Tyagi Counsel for Opposite Party :- G.A.
Hon'ble Ajit Singh,J.
Heard learned counsel for the applicant, learned AGA for the State and perused the record.
Supplementary counter affidavit filed on behalf the applicant in the Court today is taken on record.
By means of this application, the applicant who is involved in case crime no. 300 of 2019, under Sections 147, 148, 149, 302, 34, 120B and 504 I.P.C., P.S. Masoori, district-Ghaziabad and is in jail since 2.4.2019, is seeking enlargement on bail during the trial.
This is the second bail application of the applicant. The first bail application of the applicant was rejected by this Court, vide order dated 11.12.2019, passed in Criminal Misc. Bail Application no. 52979 of 2019. The only ground on which the applicant is seeking enlargement on bail during the trial by means of this application is that the earlier counsel has not argued at length. Further submission is that the trial has not yet been concluded.
Per contra learned counsel for the complainant AGA has vehemently opposed the prayer for bail and submitted that the incident had taken place at 10:00 A.M. in the broad day light and the deceased had received three gun shot injuries fired by his close relatives as there was a property dispute between them.
Issues for consideration
3 issues framed by the court
Whether the applicant is entitled to enlargement on bail during trial.
Whether the grounds raised by the applicant justify bail in a serious offence involving homicide.
Whether the impugned FIR contains false implication of the accused.
Parties & counsel
- applicant
Aditya Alias Marshall
Coram
Ajit Singh
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · March
- Registered
- Case no.
- BAIL/13727/2020
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