Dismissed

Ajay @ Gulli v. State of U.P.

Allahabad HC25 May 2022BAIL/11734/2022

Case brief

AI extract

What is this about?

Criminal Misc. Bail Application filed by Ajay @ Gulli challenging his arrest in a murder case. The applicant alleged false implication and contradictions in medical evidence. The single judge rejected the bail plea, noting the co-accused's bail was previously dismissed and the serious nature of the offence.

What did the court decide?

Prayer for bail rejected; application also rejected in related case Crime No.421 of 2017.

Ajay @ Gulli Vs State of U.P. — Murder and Culpable Homicide | Allahabad HC (2022)

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Court No. - 87

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11734 of 2022

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Applicant :- Ajay @ Gulli Opposite Party :- State of U.P. Counsel for Applicant :- Narendra Kumar Counsel for Opposite Party :- G.A.,Shiv Bahadur Yadav

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Hon'ble Shekhar Kumar Yadav,J.

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Heard Mr. Narendra Kumar, learned counsel for the applicant, learned AGA for the State, Shiv Bahadur Yadav, learned counsel for the informant and perused the record.

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Learned counsel for the applicant has submitted that the applicant has been falsely implicated for the murder of Rahul Yadav, son of first informant. In the impugned first information report, the applicant and his brother Ajay have been assigned with the role of causing fire arm injuries to Rahul Yadav resulting in his death. He has further submitted that as per statement of eye witnesses and villagers, at the time of incident, the applicant was present at agricultural field with several villagers for guarding his agricultural field and applicant has not involved in the alleged incident. He has further submitted that as per site plan fires were made from a distance of 10 steps whereas the postmortem report states blackening and tattooing in fire arm injuries, which are self-contradictory and shows firing from close range. He has further submitted that the prosecution case is falsified by the medical evidence. The ocular evidence regarding manner of incident, nature of injury and nature of weapon is contradicted by medical evidence. He has further submitted that time of death of the decease is also doubtful as there are major contradictions over the issue of time of death and presence of rigor mortis as narrated by the informant. Nothing has been recovered from the possession or pointing out of the applicant. The applicant has no criminal history. He is in jail since 15.07.2021.

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Per contra, learned AGA as well as learned counsel for the informant vehemently opposed the prayer of bail and have submitted that the bail application of the co-accused Jitendra Singh @ Lala has already been rejected by this Court vide order dated 14.06.2018. It has been further submitted that in the FIR there is specific averment that the applicant fired on the chest of Rahul Yadav, deceased and postmortem report corroborates as it states three fire arm entry wounds, two on chest and one on upper arm. The site plan shows approximate distance between

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the two points and on the basis of distance mentioned in the site plan ante mortem injuries of deceased may not be doubted. In the FIR itself, it has been mentioned that the assailants were hiding on the spot since before and they also fired at the first informant, but he narrowly escaped.

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Upon hearing learned counsel for the parties, perusal of record and considering the complicity of accused, severity of punishment as well as totality of facts and circumstances, and also seeing the fact that the bail application of similarly placed co-accused Jitendra Singh @ Lala has already been rejected by this Court, at this stage without commenting on the merits of the case, I do not find it a fit case for bail. The bail application of applicant in Case Crime No.421 of 2017, under Sections 302, 307, 504, 506/34 IPC, P.S. Moth, District Jhansi is also rejected .

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Order Date :- 25.5.2022 Ajeet

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Digitally signed by AJEET KUMAR PATEL Date: 2022.05.27 16:26:58 IST Reason: Location: High Court of Judicature at Allahabad

Ajay @ Gulli v. State of U.P.

Case brief

What is this about?

What did the court decide?

Ajay @ Gulli v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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