Satish v. State of U.P.
Case brief
What is this about?
In this bail application under Section 439 Cr.P.C., the High Court rejected the prayer for bail for an applicant accused of murdering his father-in-law in broad daylight, a charge for which a pistol was recovered, and directed the Trial Court to expedite the proceedings.
What did the court decide?
Application for bail rejected; trial court directed to conclude trial within one and a half years.
What the court decided
A compact analysis
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. - 67
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 26934 of 2021
Applicant :- Satish Opposite Party :- State of U.P. Counsel for Applicant :- Ravi Shankar Tripathi,Gufran Ahmad Khan Counsel for Opposite Party :- G.A.
Hon'ble Rahul Chaturvedi,J.
Heard Mr. N.I. Jafri, learned Senior Advocate assisted by Ms. Nasira Adil, learned counsel for the applicant and perused the record.
This is an application for bail on behalf of the applicant Satish in connection with Case Crime No. 18 of 2018, under Sections 302 IPC, P.S. Musajhag, District Budaun.
The informant, Anita, wife of the applicant, has lodged the first information report against the applicant, Satish Maurya mentioning therein that her father (the deceased) had done to death right in front of her eyes, (the informant).
Learned A.G.A. has vehemently opposed the prayer for bail. It is submitted by the learned A.G.A. that it is a case of brutal murder, where the applicant has killed in own father-in-law in front of his wife. It is a broad day light murder having an eyewitness account. It is also submitted that a country made pistol ( Tamancha 315 bore) has also been recovered from applicant's possession.
Keeping in view the nature of the offence, evidence, complicity of the accused and submissions of learned counsel for the parties, I am not inclined to exercise my powers under Section 439 Cr.P.C. The applicant's bail application is, accordingly, rejected .
Issues for consideration
2 issues framed by the court
Whether bail should be granted to the applicant charged with murder under Section 302 IPC.
Whether the High Court should direct the Trial Court to conclude the proceedings within a specific timeframe.
Parties & counsel
- applicant
Satish
- respondent
State of U.P.
Coram
Rahul Chaturvedi
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · October
- Registered
- Case no.
- BAIL/26934/2021
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