Dhaniram v. State of U.P.
Case brief
What is this about?
In a murder trial involving village rivalry, this Court granted bail to the applicant, noting the case rests on a lone extra-judicial confession, all prosecution witnesses are hostile, and a similar co-accused was already released on bail.
What did the court decide?
The applicant is released on bail on execution of a personal bond and two sureties.
What the court decided
Court No. - 13
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11585 of 2021
Applicant :- Dhaniram Opposite Party :- State of U.P. Counsel for Applicant :- Amit Kumar Awasthi,Kaushal Kishore Tewari,Shubham Shukla Counsel for Opposite Party :- G.A.
Hon'ble Shamim Ahmed,J.
Heard Sri Kaushal Kishore Tewari, learned counsel for the applicant and Sri Narendra Kumar, learned A.G.A. for the State and perused the material placed on record.
This application has been filed seeking the release of the applicant on bail in Case Crime No.202/2021, under Section 302/34 I.P.C., Police Station Nighasan, District Kheri.
Learned counsel for the applicant submits that the applicant is innocent and he has been falsely implicated in the present case due to village rivalry. No such incident took place as alleged by the prosecution.
Learned counsel for the applicant further submits that the F.I.R. was lodged by the informant Neeraj Maurya against one Ashok regarding the murder of his mother Moola @ Chandrawati. The name of the applicant was not mentioned in the First Information Report. First time the name of the applicant came on the confessional statement of one Iklakh, when the police recorded the statement of Iklakh on 06.05.2021 he stated that he has killed the mother of the informant with the help of the co-accused Roj Ali and applicant-the step son of the deceased by knife by cutting the neck of the deceased.
Issues for consideration
2 issues framed by the court
Whether the applicant is entitled to bail given the reliance on sole extra-judicial confession and hostile prosecution witnesses.
Whether batch precedent from a similarly situated co-accused grants the applicant the benefit of bail.
Parties & counsel
- applicant
Dhaniram
Coram
Shamim Ahmed
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · July
- Registered
- Case no.
- /11585/2021
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