on a second bail application in a murder case (u/s 302 IPC), the court held that no ground for release was made out despite new evidence recording since the first rejection, and rejected the application while urging expedited trial.
Bail application dismissed.
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. - 3
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 44121 of 2020
Applicant :- Aaditya Kumar @ Guddu Opposite Party :- State of U.P. Counsel for Applicant :- Vinod Kumar Counsel for Opposite Party :- G.A.,Vijai Tripathi
Hon'ble Saumitra Dayal Singh,J.
"The bail application has been vehemently opposed by learned counsel for the informant and learned A.G.A., who would submit, inconsistency being relied upon the learned counsel for the applicant apart, the F.I.R. allegations as they stand are quite specific. The informant, who claims to be an eye-witness has already been examined and no material discrepancy has emerged during his crossexamination as may give rise to a serious doubt in the prosecution story. Referring to the panchnama, it has been pointed out, it records the presence of the family members of the deceased at the time and place of the panchnama. However, merely because no family members of the deceased become a panchnama witness, it cannot be said that they were not present.
While no inference of fact is to be drawn at this stage, it is a possibility that upon perusal of evidence either consequence of guilt or acquittal may be reached by the learned court below. However, at present, the evidence is not required to be weighed in any exactitude."
Order Date :- 14.7.2021 Prakhar
2 issues framed by the court
Whether grounds are available to grant bail to the applicant in a charge of murder and attempt to murder.
Whether the rejection of the first bail application prevents the grant of bail in the second application.
Aaditya Kumar @ Guddu
Saumitra Dayal Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
