In a bail application regarding a murder charge, the High Court of Judicature at Allahabad, without expressing an opinion on merits, rejected the application due to the gravity of the offence and relationship between parties.
Bail application rejected; trial directed to be concluded expeditiously.
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Court No. - 71 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9818 of 2022
Applicant :- Kishor Kumar @ Thakuri Opposite Party :- State of U.P. Counsel for Applicant :- Som Veer Counsel for Opposite Party :- G.A.
Hon'ble Subhash Chandra Sharma,J.
Heard learned counsel for applicant, learned A.G.A. for State and perused the record.
It is submitted by learned counsel for the applicant that he is father of the deceased and committed murder by shooting him with fire arm. F.I.R. was lodged by sister of the deceased against this applicant who is also her father. Further submitted that deceased himself committed suicide by making fire with country-made pistol during dispute regarding withdrawal of money by grandmother but under misconception F.I.R. was lodged by the sister of the deceased against the present applicant. The applicant is innocent and it is unnatural that a father will commit murder of his son. He has been languishing in jail since 20.4.2021, having no criminal history and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
Learned A.G.A. opposed the prayer for bail and urged that in this case, applicant being father of the deceased made fire at him as a result he died and F.I.R. was lodged by the real daughter of the applicant who cannot be said to be unbelievable. In this way applicant is not entitled for bail.
Considering the submission of learned counsel for the parties, facts of the case, nature of allegation, gravity of offence, without expressing any opinion on the merits of the case, the Court is of the opinion that it is not a fit case for bail. Hence the bail application of applicant Kishor Kumar @ Thakuri involved in Case Crime No. 201 of 2021, under Sections 302, 323 IPC, P.S. Sirsaganj, District Firozabad is hereby rejected .
However, learned trial court is directed to conclude the trial as expeditiously as possible in accordance with provisions contained under Section 309 Cr.P.C.
Order Date :- 18.8.2022 A. Singh
Digitally signed by ANURAG SINGH Date: 2022.08.23 16:18:14 IST Reason: Location: High Court of Judicature at Allahabad
3 issues framed by the court
Whether the bail application of the applicant charged with murder should be granted given the relationship between the accused and deceased.
Whether the impugned bail application deserves to be allowed in the light of the gravity of the offence and the personal relationship.
Whether the trial should be concluded expeditiously under Section 309 Cr.P.C.
2 provisions across 2 enactments
Kishor Kumar @ Thakuri
Subhash Chandra Sharma
Hari Garg
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
