This single judge court rejected bail in a murder case under Sections 302, 506, and 120-B IPC, holding that the specific role of the accused and firearm injuries on the deceased did not justify release despite claims of enmity and false implication.
Bail application declined and rejected; applicant not released on bail.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 81
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 18387 of 2021 Applicant :- Raj Basant @ Gopal Opposite Party :- State of U.P. Counsel for Applicant :- Rajeev Sharma Counsel for Opposite Party :- G.A.,Avanish Kumar Shukla,Mithilesh Kumar Shukla
Hon'ble Mrs. Saroj Yadav,J.
This is the first bail application filed on behalf of the accused/applicant with a prayer to release the accused applicant on bail in Case Crime No.721 of 2020, under Sections 302, 506 and 120-B I.P.C., Police Station Shikohabad, District Firozabad.
Heard Mr. Rajeev Sharma, learned counsel for the accused/applicant and Mr. Alok Kumar Tripathi, learned AGA for the State-respondent and perused the material available on record.
Learned counsel for the accused applicant has submitted that accused/applicant is innocent and has falsely been implicated in the crime. The postmortem report is not corroborating the version of the first information report. The FIR is ante time as is evident from the inquest report as the case has been mentioned under Section 302 IPC only. From the FIR version, it appears that the fire was shot on the stomach of the deceased. He further submitted that he has been implicated due to enmity which was due to the fact that on earlier occasion the wife of the applicant lodged the FIR against the informant and his son. The accused/applicant is in jail since 28.11.2020, having no criminal history as has been stated in paragraph No.16 of the affidavit filed in support of the bail application. Hence he may be enlarged on bail.
Contrary to it, learned AGA for the State opposed the bail application and submitted that there is specific role assigned to the accused/applicant. As far as enmity is concerned, it is a double edged weapon which might be a motive for offence. In the postmortem report, injury of fire arm has been found. Hence the accused/applicant should not be enlarged on bail.
Considered the rival submissions and perused the material available on record.
It transpires from the record that there is a specific allegation against the accused/applicant and in the postmortem report, injury of fire arm has been found on the body of the deceased. As far as enmity is concerned, it is a double edged weapon
which might be a motive for offence.
Considering all the facts and circumstances of the case, it does not appear just to enlarge the accused/ applicant on bail.
The prayer for release on bail of applicant Raj Basant @ Gopal is declined and the bail application is rejected.
(Mrs. Saroj Yadav, J.)
Order Date :- 1.2.2023 Arif
Digitally signed by :- MOHAMMAD ARIF High Court of Judicature at Allahabad
3 issues framed by the court
Whether the accused applicant shall be released on bail given specific role and FIR outcome.
Whether alleged enmity between parties justifies bail in a serious offence.
Whether postmortem injury findings negate the ground for bail under Section 302 IPC.
3 provisions across 1 enactments
Raj Basant @ Gopal
State of U.P.
Saroj Yadav
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
