This court rejected the second bail application filed by an accused in a murder case. The Hon'ble Court dismissed the plea, holding that the trial was at an advanced stage, and directed the trial court to conclude proceedings within three months.
Bail application rejected; trial directed to conclude within three months.
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Court No. - 10
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 10459 of 2022
Applicant :- Ramesh Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. Counsel for Applicant :- Rajat Pratap Singh Counsel for Opposite Party :- G.A.
Hon'ble Dinesh Kumar Singh,J.
"1. Heard learned counsel for the accused-applicant as well as learned Additional Government Advocate and gone through the entire record.
2. By means of this application under Section 439 CrPC, the accused-applicant seeks bail in Crime/FIR No.0421 of 2018, under Section 302 IPC lodged at Police Station Bilgram, District Hardoi.
3. Allegation against the accused-applicant is that he had illicit relation with the wife of the deceased; the deceased and accused-applicant were co-brother.
4. Mr. Ashwani Kumar Singh, learned A.G.A., submits that there are statements of witnesses on record, which would demonstrate that it is the accused-applicant, who took the deceased from house on cycle; after administering him aluminium phosphide, which was found in the VISCERA report, the accused-applicant brought the deceased back to his house in unconscious condition; leaving the deceased at his house, the accused-applicant went away
in a hurried manner. The learned A.G.A. further submits that there is evidence of last-seen against the accusedapplicant, who is named in the FIR.
5. Considering the heinousness of the offence and relationship of the accused-applicant with the deceased and his wife, I do not find it a fit case for enlarging him on bail at this stage.
6. Thus, the prayer for bail is refused and, the application is rejected."
(Dinesh Kumar Singh,J.)
Order Date :- 20.12.2022
dk/
Digitally signed by DEVENDRA KUMAR Date: 2022.12.21 17:12:28 IST Reason: Location: High Court of Judicature at Allahabad, Lucknow Bench
2 issues framed by the court
Whether the accused-applicant is eligible for bail at an advanced stage of trial in a murder case.
Whether the proximity of witnesses examination precludes the grant of bail under Section 439 CrPC.
1 provisions across 1 enactments
Ramesh
State Of U.P.
Dinesh Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
