Kuldeep v. State of U.P.
Case brief
What is this about?
Court rejected bail application in murder case, noting lack of credible evidence but preventing release due to applicant's criminal history and second involvement under Section 302 IPC.
What did the court decide?
Bail application rejected; applicant remanded to custody.
What the court decided
Court No. - 78
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 19803 of 2021
Applicant :- Kuldeep Opposite Party :- State of U.P. Counsel for Applicant :- Ram Prakash Dwivedi Counsel for Opposite Party :- G.A.
Hon'ble Samit Gopal,J.
Heard Sri Ram Prakash Dwivedi, learned counsel for the applicant, Sri S.B. Maurya, learned counsel for the State and perused the material on record.
This bail application under Section 439 of Code of Criminal Procedure has been filed by the applicant Kuldeep , seeking enlargement on bail during trial in connection with Case Crime No. 28 of 2020, under Sections 302, 323 IPC, registered at P.S. Khera Rathaur, District Agra.
Learned counsel for the applicant argued that the applicant has been falsely implicated in the present case. It is argued that initially a Non Cognizable Report was lodged on 28.07.2020 with regards to the present incident but on the same day in the night Ram Varan died and then the First Information Report was lodged by Satyaram naming the applicant stating that he has assaulted the deceased with kulhari due to which he died. The said incident was witnessed by Banti who saw washing of the said kulhari by the applicant. It is argued that the first informant is not an eye witness to the incident. Subsequently, after about 41 days of the incident, the statement of Banti was recorded who gives a version of being an eye witness to the incident. It is argued that the same is an afterthought just in order to falsely implicate the applicant. It is argued that there is no credible evidence against the applicant. The kulhari alleged to have been recovered on the pointing out of the applicant is a planted recovery which is from a jungle and there is no independent witness to the same.
Issues for consideration
3 issues framed by the court
Whether the applicant is entitled to bail in a murder trial under Section 439 CrPC.
Whether the evidence and criminal history make this a fit case for bail.
Whether the applicant has been falsely implicated in the murder case.
Parties & counsel
- applicant
Kuldeep
Coram
Samit Gopal
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · December
- Registered
- Case no.
- BAIL/19803/2021
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