Shribhagwan Alias Munna Rajbhar v. State of U.P.
Case brief
What is this about?
This is the criminal miscellaneous bail application of Shribhagwan alias Munna Rajbhar under Section 439 Cr.P.C. The High Court refused bail, distinguishing the applicant from a co-accused who was released, based on strong motive, last seen evidence, and recovery of an axe pointing to the applicant's role in the murder.
What did the court decide?
Bail application rejected against the applicant in the murder case. The order is confined to bail relief and does not affect trial merits.
What the court decided
Neutral Citation No. - 2023:AHC:102803
Court No. - 75
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 16998 of 2022
Applicant :- Shribhagwan Alias Munna Rajbhar Opposite Party :- State of U.P. Counsel for Applicant :- Bipin Kumar,Mohd. Naushad Siddiqui Counsel for Opposite Party :- G.A.,Ashok Kumar Rai
Hon'ble Sanjay Kumar Singh,J.
Heard learned counsel for the applicant, learned Additional Government Advocate representing the State and Mr. Mangala Prasad Rai, learned Senior Counsel assisted Mr. Ashok Kumar Rai, learned counsel appearing on behalf of the first informant.
By means of this application under Section 439 of Cr.P.C., applicant-Shribhagwan alias Munna Rajbhar, who is involved in Case Crime No. 13 of 2022, under Section 302 of I.P.C., Police Station-Bhanwarkol, District-Ghazipur, seeks enlargement on bail during the pendency of trial.
As per prosecution case, in brief, informant who is son of Ramvilas Yadav (hereinafter referred to as 'the deceased') lodged F.I.R. on 20.01.2022 at 15:05 hours for the alleged offence under Section 302 I.P.C. against one unknown person, with the allegations inter-alia that on 19.01.2022 at 7:30 pm, his father received a phone call from an unknown number and went somewhere and did not return over night, thereafter, a hectic search was made and in the morning, his dead body was found 300 meter away from link road of Kundesar to Buxpura. He further alleges that on seeing the dead body of his father it appears that he was murdered with a sharp edged weapon and iron rod on his head and also mentioned that the present applicant-Shribhagwan alias Munna Rajbhar and co-accused Lalji Yadav used to talk with his father-Ramvilas Yadav.
Issues for consideration
3 issues framed by the court
Whether the applicant is entitled to bail in a murder case involving grave allegations of conspiracy and recovery of an axe.
Whether the intercepted phone calls, threat statements, and illicit relations establish a strong motive precluding bail.
Whether the nature of injuries and circumstantial evidence creates realistic grounds for doubting the applicant's involvement.
Parties & counsel
- applicant
Shribhagwan Alias Munna Rajbhar
- respondent
State of U.P.
Coram
Sanjay Kumar Singh
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · May
- Registered
- Case no.
- BAIL/16998/2022
Similar cases
Judgements on the same questions, provisions and authorities, from every court