Ram Naresh v. State of U.P.
Case brief
What is this about?
This criminal miscellaneous bail application under S. 302 IPC was rejected on merits. The court held that filing a supplementary affidavit after a prior bail rejection was impermissible, allowing the applicant to file afresh.
What did the court decide?
Liberty granted to file a fresh bail application under S. 302 IPC.
What the court decided
A compact analysis
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Court No. - 64
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 42493 of 2020
Applicant :- Ram Naresh Opposite Party :- State of U.P. Counsel for Applicant :- Geetam Singh Counsel for Opposite Party :- G.A.
Hon'ble Rahul Chaturvedi,J.
The present bail application has been filed by the applicantRam Naresh in Case Crime No. 190 of 2020, under Sections 147, 148, 149, 304, 323, 308 I.P.C., Police Station- Puramufti, District- Kaushambi with the prayer to enlarge him on bail.
Learned counsel for the applicant has submitted that during investigation the case was converted from Section 304 I.P.C. to Section 302 I.P.C. and the bail application of the applicant under Section 302 I.P.C. has been rejected by the court below on 12.11.2020. By means of supplementary affidavit, he wants to get it changed which is not permissible.
Therefore, the present bail application stands rejected with liberty to file afresh bail application under Section 302 I.P.C. before the appropriate Court.
Learned counsel for the applicant further submits that he has filed free certified copy of the bail rejection order by way of supplementary affidavit on 7.12.2020.
Office is directed to return back the free certified copy of the bail rejection order after retaining photostat copy of the same on record.
Issues for consideration
1 issue framed by the court
Whether a bail application filed after the rejection of one under Section 302 IPC, by adding a supplementary affidavit, can be entertained.
Parties & counsel
- applicant
Ram Naresh
Coram
Rahul Chaturvedi
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · January
- Registered
- Case no.
- BAIL/42493/2020
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