Indrajeet v. State of U.P.
Case brief
What is this about?
High Court allowed bail to Indrajeet in a murder case under Section 302 IPC. The court applied parity principles with co-accused and relied on constitutional principles to release the applicant on personal bond and sureties.
What did the court decide?
Applicant enlarged on bail on executing a personal bond and two sureties in the like amount.
What the court decided
Court No. - 13
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12544 of 2021 Applicant :- Indrajeet Opposite Party :- State of U.P. Counsel for Applicant :- Anil Kumar Tiwari,Vijyant Sahani Counsel for Opposite Party :- G.A.
Hon'ble Shamim Ahmed,J.
This case is taken up in the revised call.
Heard Sri Vijyant Sahani, learned counsel for the applicant as well as Anil Kumar Tiwari, learned counsel for the informant and Sri Nirmal Kumar Tiwari, learned A.G.A. for the State and perused the record.
This application has been filed seeking the release of the applicant on bail in Case Crime No. 27/2021, under Section 302 I.P.C., Police Station Bawana, District Ambedkar Nagar.
Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case due to village rivalry and enmity. 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, namely, Narsingh alleging therein that his son was killed by co-accused named in the F.I.R. including the present applicant. He further submits that as per the post-mortem report conducted by the doctor on 11.03.2021, the cause of death is asphyxia and shock as a result of antemortem throttling.
Issues for consideration
3 issues framed by the court
Whether the applicant should be granted bail considering the principles of parity with co-accused and Article 21 of the Constitution.
Whether the applicant can be enlarged on bail despite the grave offence charged under Section 302 IPC.
Whether the arguments of lack of eye-witnesses and fabrication of prosecution story warrant bail.
Parties & counsel
- applicant
Indrajeet
- respondent
State of U.P.
Coram
Shamim Ahmed
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · August
- Registered
- Case no.
- /12544/2021
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