Raja v. State of U.P.
Case brief
What is this about?
Second bail application filed by Raja in a murder case. Court allowed bail after perusing record, noting co-accused were on bail, without expressing opinion on merits of the case application.
What did the court decide?
Applicant released on bail by furnishing a personal bond and two heavy sureties subject to specific conditions.
What the court decided
Court No. - 59
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 18010 of 2021
Applicant :- Raja Opposite Party :- State of U.P. Counsel for Applicant :- Raghuvansh Chandra,Amit Daga,Anil Kumar Mishra,Ram Jee Saxena Counsel for Opposite Party :- G.A.
Hon'ble Ms. Nand Prabha Shukla,J.
This is the second bail application filed by the applicant. The first Bail Application has been rejected on 05.02.2020.
Heard Mr. Anil Kumar Mishra, learned counsel for the applicant, learned A.G.A. for the State and perused the record.
The present bail application has been filed by the applicant with a prayer to enlarge him on bail in Case Crime No. 73 of 2019, under Sections 302, 201, 364, 34 I.P.C., P.S. Rohata, District Meerut.
It has been alleged by learned counsel for the applicant that the accused Raja made a confessional statement in which his name surfaced for committing the offence. There is only a last scene evidence. There is inordinate delayed FIR and no eye-witness on account of the incident. The cloth and motorcycle, which has been recovered, is on the basis of the joint pointing after 24 days of the incident. The co-accused Sonu@ Pahlwan has already been granted bail on 26.09.2019 in Criminal Misc. Bail Application No. 37342 of 2019 and other accused Rohit @ Machchhar has also been granted bail by this Court on 19.2.2021 passed in Criminal Misc. Bail Application No. 11156 of 2021. It is a case of circumstantial evidence. It has been further submitted that accused-applicant has been falsely implicated in the present case and he has no criminal history except the present case. It has been further stated that he is prepared to furnish sureties and bonds and there is no possibility of his either fleeing away from the judicial process or tampering with the evidence. Applicant is languishing in jail since 19.4.2019 and undertakes that he will not misuse the liberty of bail, if granted and cooperate in trial.
Issues for consideration
1 issue framed by the court
Whether the applicant is entitled to bail in a murder case involving circumstantial evidence and delayed FIR.
Parties & counsel
- appellant
Raja
- respondent
State of U.P.
Coram
Nand Prabha Shukla
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · March
- Registered
- Case no.
- BAIL/18010/2021
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