Rajesh v. State of U.P.
Case brief
What is this about?
Single judge allowed bail application in murder case involving IPC sections 323, 504, 506, 304. Court observed sudden provocation, no independent witnesses, and lack of specific allegations against applicant.
What did the court decide?
Applicant released on bail with personal bond and two sureties. Later furnishment of sureties subject to court functioning.
What the court decided
Court No. - 71
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 26543 of 2021
Applicant :- Rajesh Opposite Party :- State of U.P. Counsel for Applicant :- Jahangir Haider Counsel for Opposite Party :- G.A.
Hon'ble Deepak Verma,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
The instant bail application has been filed on behalf of the applicant Rajesh with a prayer to release him on bail in Case Crime No.182 of 2021, under Sections 323, 504, 506, 304 I.P.C., P.S. Nandgram, District Ghaziabad during pendency of the trial.
Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. It has been stated that on occasion of Holi, applicant and Ashok were fighting, then deceased and informant went to compromise the matter, then the applicant and other four to five persons assaulted the informant and his father. Informant's father sustained injuries and was taken to M.M.G. Hospital, Ghaziabad. Then he was referred to Sushila Hospital, Ghaziabad and thereafter he admitted to Ram Manohar Lohiya Hospital. Deceased was brought to home on 10.04.2021, where he died. No postmortem has been conducted. General role has been assigned to all the accused persons. No specific allegation against the applicant. There is no independent witness of the alleged incident. It appears that this is case of sudden provocation. There is no prospect of trial of the present case being concluded in near future due to heavy dockets. The applicant is not a previous convict. The applicant is languishing in jail since 13.04.2021 and in case he is enlarged on bail he will not misuse the liberty of bail.
Issues for consideration
2 issues framed by the court
Whether the bail application filed by the applicant in the murder case ought to be allowed.
Whether the applicant has made out a case to be released on bail in the present crime.
Parties & counsel
- applicant
Rajesh
Coram
Deepak Verma
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · December
- Registered
- Case no.
- BAIL/26543/2021
Similar cases
Judgements on the same questions, provisions and authorities, from every court