This bail application was filed by Pawan in a murder case (Section 302 IPC). The court considered the applicant's innocence and lack of criminal history but rejected the bail plea due to the gravity of the offence and the severity of the potential punishment.
Bail application for the applicant is rejected.
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Neutral Citation No. - 2023:AHC:119018
Court No. - 79
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 24020 of 2023
Applicant :- Pawan Opposite Party :- State of U.P. Counsel for Applicant :- Rajesh Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Mayank Kumar Jain,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the entire record.
The present bail application has been filed on behalf of applicant in Sessions Trial No. 517 of 2022, arising out of Case Crime No. 03 of 2022, under Section 302 I.P.C., Police Station Matsaina, District Firozabad with the prayer to enlarge the applicant on bail.
It is submitted by learned counsel for applicant that applicant is innocent and has not committed any offence as alleged in the first information report. The applicant is the brother-in-law (Sala) of the deceased Satyapriya Gautam. It is submitted that as per statement of eye witness Shintu the role of exhortation assigned to the present applicant while the role of firing has been assigned to co-accused Rajesh (father-in-law of the deceased and father of the present applicant). It is submitted that on the pointing out of co-accused Rajesh a country made pistol has been recovered while there is no recovery on the pointing out of applicant. No motive has been assigned to the present applicant to commit such crime. Learned counsel for applicant lastly submits that applicant is in jail since 07.01.2022 having no criminal history and that in case applicant is enlarged on bail, applicant will not misuse the liberty of bail.
Per contra learned A.G.A. vehemently opposed the prayer for bail and submitted that applicant is the real brother-in-law (Sala) of the deceased Satyapriya Gautam, hence there is no chance of
false implication. The role of exhortation has been assigned to the present applicant.
Considering the submissions made by learned counsel for applicant as well as learned A.G.A., gravity of offence and the severity of punishment, I do not find any good ground to enlarge the applicant on bail.
Accordingly, the bail application of applicant, Pawan , is hereby rejected .
Order Date :- 29.5.2023 Prajapati
Digitally signed by :- RAMKESH PRAJAPATI High Court of Judicature at Allahabad
2 issues framed by the court
Whether the applicant, charged with murder under Section 302 IPC, is eligible for bail.
Whether the gravity of the offence and lack of good ground warrants rejection of bail.
Pawan
Mayank Kumar Jain
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
