The Court dismissed the second bail application, finding no new grounds and the contradictions trivial given the dying declaration. The case was directed to be tried expeditiously.
Bail application rejected; trial court directed to decide the case within one year.
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Court No. - 79
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 22827 of 2021
Applicant :- Smt. Poonam Opposite Party :- State of U.P. Counsel for Applicant :- Ali Hasan,Deepak Kumar Singh Counsel for Opposite Party :- G.A.,Ashok Kumar Pandey,Chitranshu Srivastav
Hon'ble Krishan Pahal,J.
(i) that the applicant is incarcerated in jail since 13.7.2016 and has suffered detention for a period of more than six and half years,
(ii) that there are ample contradictions in the statement of the witnesses,
(iii) that the statement of the witnesses are inconsistent to each other, and
(iv) that the applicant had moved an application before the District Magistrate, Meerut on 25.6.2016 that some persons were illegally taking possession of her property as such the applicant has been made an accused in the said case.
application and also placed much reliance on the statement of PW-2 who is the injured person and the role of applicant is of participating in the said offence which stands attracted by invoking Section 34 I.P.C. Learned A.G.A. has also stated that in all three persons have sustained injuries of which one succumbed later on. There is a dying declaration of the deceased person which also corroborates the prosecution story.
Order Date :- 27.3.2023 Vikas
Digitally signed by :- VIKAS VERMA High Court of Judicature at Allahabad
2 issues framed by the court
Whether the applicant is in a fit case for grant of bail considering the period of detention and contradictions in witness statements.
Whether the bail application deserves to be allowed given the dying declaration and gravity of offences.
Colour shows how this judgement treated each authority
Vinod Kumar vs. State of PunjabReferred¶19
Vinod Kumar vs. State of Punjab; 2015 (3) SCC 220 · Who else cites this
Hussain and Another vs. Union of IndiaReferred¶19
Hussain and Another vs. Union of India; (2017) 5 SCC 702 · Who else cites this
Smt. Poonam
Krishan Pahal
Vikas
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
Krishan Pahal and Vikas
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