Dinesh Kumar v. State of U.P.
Case brief
What is this about?
Criminal Misc. Bail Application rejected by Court No. 67. The High Court bench held that the father-daughter relationship in a murder case precludes the exercise of discretion under Section 439 Cr.P.C., even with allegations of false implication.
What did the court decide?
The bail application was rejected.
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. - 38410 of 2020
Applicant :- Dinesh Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Radhey Shyam Yadav Counsel for Opposite Party :- G.A.
Hon'ble Rahul Chaturvedi,J.
Heard Shri Radhey Shyam Yadav, learned counsel for the applicant through virtual mode and learned A.G.A. Perused the record.
By means of the present bail application the applicant who is facing prosecution in Case Crime No.278 of 2019, under Sections 302, 201, 323, 504 I.P.C., Police Station-Matsaina, District Firozabad, is seeking his enlargement on bail during trial.
Contention raised by learned counsel for the applicant is that the applicant is the father of the deceased Sheelam, aged about 18 years and has been falsely implicated in the present case. The informant is not an eye-witness of the alleged incident and after gathering information from various quarters, the present F.I.R. was got registered falsely implicating the applicant. It has been further contended by the counsel that all the witnesses who allegedly shared the information regarding incident with the informant Anil Kumar, have given their affidavits to the I.O. to the effect that they have never shared any information with regard to incident to the informant. It is also submitted by learned counsel that on account of village party-bandi, brotherin-law of the applicant has lodged the present F.I.R.
Issues for consideration
2 issues framed by the court
Whether bail should be granted to the applicant who is accused in a murder case alleging false implication.
Whether the relationship of father and daughter attracts discretion under Section 439 Cr.P.C. to deny bail in a murder case.
Parties & counsel
- applicant
Dinesh Kumar
Coram
Rahul Chaturvedi
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · July
- Registered
- Case no.
- BAIL/38410/2020
Similar cases
Judgements on the same questions, provisions and authorities, from every court