Bhanu Pratap v. State of U.P. Thru. Prin. Secy. Home Lko.
Case brief
What is this about?
Bail application dismissed in a murder case. The accused was the main assaultor in a fatal rowdy attack. Bail denied due to heinous nature of the crime and corroborating postmortem report. Trial court directed to conclude trial expeditiously within one year.
What the court decided
Court No. - 10
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6859 of 2022
Applicant :- Bhanu Pratap Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Kaushlendra Tewari Counsel for Opposite Party :- G.A.
Hon'ble Dinesh Kumar Singh,J.
- Heard learned counsel for the accused-applicant as well as learned Additional Government Advocate and gone through the entire record.
- By means of this application under Section 439 CrPC, the accused-applicant seeks bail in FIR No.0288 of 2020, under Section 302 IPC lodged at Police Station Rampur Kalan, District Sitapur.
- As per allegations in the FIR, on 06.11.2020, head constable, Bam Bahadur Yadav, the complainant along with Head-Guard, Laxmi Narain were on round; at around 2.30 p.m., they saw that a person was being beaten by two men and one woman; woman and one man exhorted the third person that he would ask everyday money and he should not be left alive. On exhortation, one person, out of two, assaulted the victim on his neck and body by Banka; the victim fell down; the policemen tried to catch hold of the assailants, but they could not succeed; they made arrangements to take the victim to hospital, however, he died on the spot; later on, it was found that the victim was Holiram son of Lallu Yadav, aged around 45 years, and the persons, who had killed him, were his real nephew, brother and wife of his real nephew, namely, Bhanu Pratap, Dayaram and Geeta.
Issues for consideration
1 issue framed by the court
Whether to enlarge the accused-applicant on bail in a murder case involving heinous and gruesome nature of crime.
Parties & counsel
- applicant
Bhanu Pratap
- respondent
State Of U.P. Thru. Prin. Secy. Home Lko.
Coram
Dinesh Kumar Singh
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · December
- Registered
- Case no.
- /6859/2022
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