Atahar @ Athar v. State of U.P.
Case brief
What is this about?
This single-judge bail application was rejected. The High Court found ample evidence against the applicant, including a specific role in a fatal knifing and criminal antecedents, despite challenges regarding FIR timing and lack of loan documentation. Trial was directed to conclude within six months.
What did the court decide?
Bail application rejected; trial to be concluded within six months.
What the court decided
A compact analysis
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
1
Reserved On:- 06.02.2023 Delivered On:- 13.02.2023
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2603 of 2022 Applicant :- Atahar @ Athar Opposite Party :- State of U.P. Counsel for Applicant :- Manoj Kumar Tripathi,Amlesh Kumar Yadav,Gaurav Kakkar
Counsel for Opposite Party :- G.A.,Amit Kumar Singh,Rama Shankar Mishra,S.M.Faraz I. Kazmi,Sikandar Khan
Hon'ble Siddharth, J.
- Heard Sri Gaurav Kakkar, learned counsel for the applicant; Sri S.M.Faraz I. Kazmi and Sri Sikandar Khan, learned counsel for the informant; learned AGA for the State and perused the material placed on record.
- The instant bail application has been filed on behalf of the applicant, Atahar @ Athar, with a prayer to release him on bail in Case Crime No. 77 of 2021, under Sections- 302, 506 IPC, Police Station- Khanpur, District- Bulandshahar, pendency of trial.
- There is allegation in the FIR that the applicant took loan of Rs. 5 lakhs from the informant about one year ago. The applicant recently asked the applicant to return his money and he kept on avoiding. Thereafter the informant and his son, Arzoo Khan, stated that marriage of the daughter of the informant is fixed for 11.03.2021 and he needs money. The applicant and co-accused, Faisal, threatened the informant that in case the money is demanded again they will kill him. On 14.03.2021 at about 06:15 p.m., son of the informant, Arzoo Khan and informant were coming back to their house after seeing off their relatives, when the applicant, co-accused
Issues for consideration
2 issues framed by the court
Whether the applicant is entitled to bail in a murder case involving specific role assignment.
Whether discrepancies in FIR timing justify bail in a case nearing conclusion.
Parties & counsel
- applicant
Atahar @ Athar
Coram
Siddharth
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · February
- Registered
- Case no.
- BAIL/2603/2022
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