Rinku v. State of U.P.
Case brief
What is this about?
Criminal Misc. Bail Application regarding murder charges under IPC. Court granted bail to the applicant due to trial delay and custody period despite serious allegations, imposing standard conditions and directing expeditious trial.
What did the court decide?
Applicant released on personal bond and two heavy sureties subject to conditions to prevent tampering with evidence and ensuring trial attendance.
What the court decided
Court No. - 83
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 20626 of 2020
Applicant :- Rinku Opposite Party :- State of U.P. Counsel for Applicant :- Yogendra Pal Singh,Akash Tomar,Avadh Pratap Singh Shishodia,Pankaj Misra,Sunil Kumar Tiwari
Counsel for Opposite Party :- G.A.,Satyam Narayan,Ulajhan Singh Bind
Hon'ble Krishan Pahal,J.
- List has been revised.
- Second supplementary affidavit filed by learned counsel for the applicant is taken on record.
- Heard Sri Vinay Saran, learned Senior Advocate assisted by Sri Akash Tomar, learned counsel for the applicant and Sri Ulajhan Singh Bind, learned counsel for the complainant as well as Sri Vibhav Anand Singh, learned A.G.A. for the State and perused the record.
- Applicant seeks bail in Case Crime No. 483 of 2019, under Sections 147, 148, 149, 302, 506, 34 I.P.C., Police Station Bhawanpur, District Meerut, during the pendency of trial.
- As per prosecution story, the applicant along with other named co-accused persons is stated to have surrounded the deceased person near a Kolhu in the jungle of village Maanpur and is stated to have fired on the deceased person causing his death on 3.11.2019 at about 01:00 p.m. The informant, her sister-in-law ( Jethani ) Smt. Radha and father-in-law are stated to have seen the occurrence.
Issues for consideration
2 issues framed by the court
Whether the applicant is entitled to bail considering the grave nature of charges, delay in trial, and lack of chance witnesses?
Whether the delay in framing charges and length of custody warrants release on bail under Article 21?
Parties & counsel
- applicant
Rinku
- respondent
State of U.P.
Coram
Krishan Pahal
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · February
- Registered
- Case no.
- BAIL/20626/2020
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