Hon'le Siddharth urged on February 22, 2022, rejected a bail application filed by Mohit Kumar Yadav in a murder case. The court found no sufficient ground for issuance of bail.
The bail application is rejected. The applicant shall remain in custody.
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RESERVED ON 22.8.2022 DELIVERED ON 26.08.2022
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5349 of 2022
Applicant :- Mohit Kumar Yadav Opposite Party :- State Of U.P. Through Secretary Home Counsel for Applicant :- Pradeep Kumar Mishra,Sr. Advocate Counsel for Opposite Party :- G.A.,Jai Singh Yadav,P.K. Singh,Patgendra Bhushan Misra
Hon'ble Siddharth,J .
Heard Sri Pradeep Kumar Mishra, learned Senior counsel for the applicant, Sri P.K. Singh, learned counsel for the informant and learned A.G.A for the State.
The instant bail application has been filed on behalf of the applicant, Mohit Kumar Yadav with a prayer to release him on bail in Case Crime No. 239 0f 2021, under Section 302 IPC Police Station Jhunsi, District- Allahabad, during pendency of trial.
There is allegation in the First Information Report that informant and his brother, Monu, had gone to city for purchasing medicine and after taking medicine they had gone to birthday party and when brother of the informant was going to drop the informant to the hospital, since his leg was operated, at about 12.05 hours in the night, on the exhortation of co-accused Gyanedera Yadav the applicant fired on the brother of the informant and he subsequently died.
Learned counsel for the applicant has submitted that it is a case of false implication. The incident was caused at midnight. There was no source of light as clear from the site plan. The injury was caused by some other person in the night, applicant has been falsely implicated in this case.
Learned counsel for the informant has vehemently opposed the bail prayer and submitted that informant had clearly identified both the accused in the First Information Report. The recovery of weapon used in the incident has been recovered by the investigating officer on the pointing out of the applicant.
After considering the rival contentions and considering the material on record, this court does not finds any good ground for enlarging the applicant on bail at this stage.
The bail application is accordingly rejected.
Order Date :- 26.08.2022 Atul kr. Sri.
2 of 2
Digitally signed by ATUL KUMAR SRIVASTAVA Date: 2022.08.26 11:21:29 IST Reason: Location: High Court of Judicature at Allahabad
2 issues framed by the court
Whether the applicant is entitled to bail in a murder case during the pendency of trial.
Whether any material on record furnishes good ground for the enlargement of the accused on bail.
Mohit Kumar Yadav
State Of U.P.
Siddharth
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
