Dismissed

Kare Alias Indrapal v. State of U.P.

Allahabad HC4 Oct 2023BAIL/20239/2022

Case brief

AI extract

What is this about?

The Allahabad High Court rejected an application for bail under CrPC Section 439 in a case involving attempted murder (IPC 307). The court found the applicant assigned a specific role in causing grievous injury with a firearm, corroborated by medical reports and recovery of the weapon, and noted his criminal history.

What did the court decide?

Bail application rejected. Trial concluded expeditiously within one year.

Kare Alias Indrapal Vs State of U.P. — Murder and Culpable Homicide | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:190642

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Court No. - 74 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 20239 of 2022 Applicant :- Kare Alias Indrapal Opposite Party :- State of U.P. Counsel for Applicant :- Bharat Singh,Amar Nath Vishwakarma Counsel for Opposite Party :- G.A.

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Hon'ble Vivek Varma,J.

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Heard learned counsel for the applicant and Sri Prateek Tyagi, learned A.G.A. for the State-opposite party, and perused the record.

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The instant bail application under Section 439 Cr.P.C. has been filed with the prayer to enlarge the applicant on bail in Case Crime No. 135 of 2021, under Sections 307, 504 I.P.C., Police Station Hajratpur, District Budaun, during the pendency of the trial.

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Learned counsel for the applicant has submitted that on account of enmity the applicant has been falsely implicated in the instant case. The applicant has not committed any offence. The applicant is in jail since 03.11.2021 having no criminal history.

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Learned AGA has opposed the prayer for bail.

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Having heard learned counsel for the parties and having perused the record, this Court prima facie finds that specific role of causing fire arm injury on the chest of the injured has been assigned to the applicant. The injury is on vital party of the body. The injury was found grievous in nature. The prosecution case is supported by the informant as well as the injured and the medical examination report of the injured corroborates the prosecution case. The fire arm was recovered at the pointing out of the applicant. Apart from the said case, the applicant has criminal history.

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Accordingly, the bail application is rejected.

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It is made clear that the observations made in this order shall have no bearing on the merits of the case.

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The trial court is directed to conclude the trial expeditiously, preferably within a period of one year from the date of receipt of a certified copy of this order.

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Office is directed to send a copy of this order to the court concerned for information.

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Order Date :- 4.10.2023

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Lbm/-

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Digitally signed by :- LAL BAHADUR MAURYA High Court of Judicature at Allahabad

Kare Alias Indrapal v. State of U.P.

Case brief

What is this about?

What did the court decide?

Kare Alias Indrapal v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

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