Rahul Kanaujiya v. State of U.P.
Case brief
What is this about?
Hearing a bail application for murder, the High Court found the allegations serious and a prima facie case established. Relying on prior orders and evidence, the court held it was not a fit case for bail and rejected the application.
What did the court decide?
Bail application rejected; applicant to remain in custody pending trial.
What the court decided
A compact analysis
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 72
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15805 of 2021
Applicant :- Rahul Kanaujiya Opposite Party :- State of U.P. Counsel for Applicant :- Pramod Kumar Srivastava,Rajiv Lochan Shukla Counsel for Opposite Party :- G.A.
Hon'ble Sanjay Kumar Pachori,J.
Heard Sri Rajiv Lochan Shukla, learned counsel for the applicant and Sri Pankaj Kumar Tripathi, learned A.G.A. for the State and perused the material on record.
The present bail application has been filed on behalf of applicant Rahul Kanaujiya under Section 439 of the Code of Criminal Procedure, with a prayer to release him on bail in Case Crime No. 79 of 2020 for offence punishable under Sections 302, 452 of the Indian Penal Code, registered at Police StationKone, District- Sonbhadra during pendency of the trial, after rejecting the bail application of the applicant by Sessions Judge, Sonbhadra vide order dated 29.01.2021.
Brief facts of the present case are that the first information report dated 29.10.2020 has been lodged against the applicant by the father of the deceased, under Sections 452 and 307 of I.P.C. stating therein that on 28/29.10.2020 his daughter was sleeping alone in the house during the night, the applicant came into the house and abused his daughter and after resistance of his daughter, the applicant assaulted his daughter by sharp edged weapon and fled away from the place of the incident. In this incident, his daughter sustained grievous injury and his daughter was lying unconscious. The applicant has misbehaved his daughter prior to the incident and after comprehension of some villagers, amicable settlement was done. Son of the first
Issues for consideration
2 issues framed by the court
Whether bail should be granted to the applicant in a murder case pending trial after previous rejection by Sessions Judge.
Whether the prima facie case and severity of the offence preclude the grant of bail under Section 439 CrPC.
Parties & counsel
- applicant
Rahul Kanaujiya
Coram
Sanjay Kumar Pachori
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · May
- Registered
- Case no.
- BAIL/15805/2021
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