Kausar Khan v. State of U.P.
Case brief
What is this about?
Allahabad High Court bail rejection; Kausar Khan; CRIMINAL MISC. BAIL APPLICATION No. 13167 of 2022; Mayank Kumar Jain, J.; order dated 16.1.2023; Sections 302, 120-B IPC; Case Crime No. 56 of 2019; Sessions Trial No. 418 of 2019; P.S. Kundarki, District Moradabad; applicant not named in FIR; confessional statement of co-accused Mahendra; role of firing with firearm; co-accused Fayeem, Asraf, Sintu @ Sumit, Mahendra, Nempal already bailed; habitual offender; criminal history of 25 cases; Neeru Yadav vs. State of U.P. and another (2015) 3 SCC 527; criminal antecedents cannot be ignored; judicious exercise of bail discretion; gravity of offence; severity of punishment; in jail since 23.04.2019; bail application rejected.
What did the court decide?
Criminal antecedents of the accused cannot be ignored while deciding a bail application, and the discretionary power of courts to grant bail must be exercised in a judicious manner in the case of a habitual offender; the court adopts this principle, citing Neeru Yadav vs. State of U.P. and another (2015) 3 SCC 527, given the applicant's criminal history of 25 cases.