The applicant sought bail under Section 439 Cr.P.C. in a murder case involving knife injuries. The court rejected the application due to the heinous nature of the offence, existence of motive, recovery of the weapon, and lack of good grounds for release.
Bail application rejected; trial directed to be concluded expeditiously.
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Court No. - 75
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 22470 of 2022
Applicant :- Abhishek Yadav Opposite Party :- State of U.P. Counsel for Applicant :- Kamlesh Kumar Yadav Counsel for Opposite Party :- G.A.
Hon'ble Sanjay Kumar Singh,J.
Heard learned counsel for the applicant as well as learned Additional Government Advocate representing the State.
By means of this bail application under Section 439 of Cr.P.C., applicant, who is involved in Case Crime No. 218 of 2021, under Section 302 of I.P.C. and Section 4/25 of Arms Act, Police Station- Nonahara, District- Ghazipur, seeks enlargement on bail during the pendency of trial.
As per prosecution case in brief, the informant who is father of the deceased Annu Yadav, lodged F.I.R. on 11.10.2021, at about 23:30 hours, against the applicant- Abhishek Yadav, with the allegations interalia that there was love affair of the applicant with the deceased- Annu Yadav. The applicant was inclined to marry with Annu Yadav whereas she was not willing to marry him. He had made preparation to get her daughter married with someone else, on account of this reason applicant called Annu outside the village and caused sixteen knife injuries on her, whereby, she succumbed to death.
It is argued by the learned counsel for the applicant that in this case there is no eye-witness of the incident and applicant has been falsely implicated in this case on the basis of suspicion because there was love affair between the applicant and the deceased, therefore, the applicant who is languishing in jail since 12.10.2021 is entitled to be released on bail.
Per contra , learned A.G.A. for the State vehemently opposed the prayer for bail of the applicant by reiterating the prosecution case as mentioned in the F.I.R.
Having heard learned counsel for the parties and examined the matter in its entirety, I find that the applicant is named in the F.I.R., motive has also been alleged by the prosecution against him and there is the direct allegation of causing knife injuries to the deceased against him. As per postmortem report of the deceased- Annu Yadav, sixteen knife injuries have been found in the nature of incised wound and stab wound on her body. The knife which was used in crime was also recovered at the pointing out of the applicant. The offence is heinous in nature.
In view of the above, considering the overall facts and circumstances of the case as well as keeping in view the submissions advanced on behalf of parties, gravity of offence, role assigned to applicant, nature of injury and severity of punishment, I do not find any good ground to release the applicant on bail.
Accordingly, the bail application is rejected .
It is made clear that the observation contained in the instant order is confined to the issue of bail and shall not affect the merit of the trial.
However considering the detention period of the applicant, the trial court is directed to make an endeavour to conclude the trial, expeditiously without granting any unnecessary adjournment to either of the parties.
Order Date :- 4.4.2023 Kashifa
Digitally signed by :- KASHIFA High Court of Judicature at Allahabad
2 issues framed by the court
Whether the applicant is entitled to release on bail in a murder case involving heinous offences and recovery of weapons.
Whether there are any good grounds to release the applicant considering the direct allegation and severity of punishment.
3 provisions across 3 enactments
Abhishek Yadav
State of U.P.
Sanjay Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
