Dismissed

Rakesh Kumar v. State of U.P.

Allahabad HC22 Sept 2023BAIL/11270/2022

Case brief

AI extract

What is this about?

In this bail application, the applicant, charged under Sections 302, 201, and 120-B IPC, argued innocence and lack of prosecution co-conspirators. The court rejected the application, noting no new grounds emerged compared to previous rejections and the gravity of the offence, while directing expedited trial.

What did the court decide?

Bail application rejected; trial court directed to expedite trial within one year.

Rakesh Kumar Vs State of U.P. — Murder and Culpable Homicide | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:184654

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Court No. - 85

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11270 of 2022

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Applicant :- Rakesh Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Ajay Kumar Upadhyay,Ghan Shyam Yadav

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Counsel for Opposite Party :- G.A.

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Hon'ble Mayank Kumar Jain,J.

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Heard learned counsel for the applicant as well as learned A.G.A. for the State and perused the record.

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The present third bail application has been filed on behalf of applicant in Case Crime No. 657 of 2018, under Sections 302, 201, 120-B of IPC, Police Station Ghanghata, District Sant Kabir Nagar with the prayer to enlarge the applicant on bail. The first and second bail applications of the applicant was rejected by coordinate Benche of this Court vide orders dated 11.02.2020 and 23.03.2021 passed in Criminal Misc. Bail Application Nos. 8867 of 2019 and 10018 of 2021 respectively.

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It has been argued by learned counsel for the applicant that applicant is innocent and he has been falsely implicated in the present case. Applicant was not named in the F.I.R. It is further submitted that there is no eye witness of the incident. It is further submitted that none of the prosecution witness has indicated that applicant was involved in the aforesaid crime. There are material contradictions in the statements of witnesses of fact recorded during trial. It is further submitted that co-accused Kavita has been granted bail by this Court vide order dated 27.03.2019 passed in Criminal Misc. Bail Application No. 12215 of 2019. It is further submitted that there is no substantial progress in the trial and applicant is languishing in jail since 15.11.2018 having no criminal history and that in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.

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Per contra, the learned Additional Government Advocate has

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opposed the prayer for grant of bail by contending that all the arguments advanced by learned counsel for the applicant have already been considered by this court while disposal of the first and second bail application and applicant is not entitled to be released on bail.

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Considering the rival submissions of learned counsel for the parties, nature of allegations, gravity of offence and the fact that all aspects of the matter has already been considered while disposal of the first and second bail applications and no new ground has been taken in the present third bail application, I do not find it a fit case for bail. Hence, the bail application is hereby rejected.

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Trial court is directed to expedite the trial and all endeavours be made to conclude the trial expeditiously preferably within a period of one year after receipt of the certified copy of this order without granting unnecessary adjournment to either of the parties subject to full co-operation by the applicant.

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Any observation made above shall not be treated as any finding on the merits of the case and shall not prejudice the trial in any manner.

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Order Date :- 22.9.2023 AKT

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Digitally signed by :- ASHOK KUMAR TRIPATHI High Court of Judicature at Allahabad

Rakesh Kumar v. State of U.P.

Case brief

What is this about?

What did the court decide?

Rakesh Kumar v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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