Moolchand v. State of U.P.
Case brief
What is this about?
Hon'ble Samit Gopal, J. granted bail to the applicant Moolchand in a murder case sections 302 IPC, holding that common role and his co-accused on bail precluded risk of tampering.
What did the court decide?
Applicant released on bail on furnishing personal bond and two sureties subject to conditions regarding non-tampering with witnesses, attendance at the court, and avoidance of abuse of liberty.
What the court decided
Neutral Citation No. - 2023:AHC:128836
Court No. - 72
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 27315 of 2023
Applicant :- Moolchand Opposite Party :- State of U.P. Counsel for Applicant :- Suresh Chandra Pandey,Saurabh Pandey Counsel for Opposite Party :- G.A.
Hon'ble Samit Gopal,J.
- Heard Sri Saurabh Pandey, learned counsel for the applicant, Sri Arvind Kumar, learned AGA for the State and perused the material on record.
- This bail application under Section 439 of Code of Criminal Procedure has been filed by the applicant Moolchand seeking enlargement on bail during trial in connection with Case Crime No. 311 of 2022, under Sections 147, 302, 323,504, 506 I.P.C., registered at P.S. Salempur, District Deoria.
- The First Information Report lodged on 23.12.2022 at 09:05 hours, under Sections 147, 323, 504, 506, 304 I.P.C. by Vijay Shankar Prasad, names the applicant and four other accused persons namely Aditya, Singari Devi, Khushboo and Anjoo with the allegations that on 22.12.2022 at about 8:00 P.M. the accused persons due to old enmity armed with lathi, danda and stones assaulted his son Dilip Kumar, due to which he received serious injuries. He was taken to District Hospital, Deoria where the doctors declared him dead. The accused persons have extended threats also even before.
Issues for consideration
2 issues framed by the court
Whether bail should be granted to the applicant in the trial of the charge for attempted murder and other offences.
Whether the grant of bail to co-accused persons and absence of material pointing to tampering with evidence warrant enlargement on bail.
Parties & counsel
- applicant
Moolchand
- respondent
State of U.P.
Coram
Samit Gopal
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · June
- Registered
- Case no.
- BAIL/27315/2023
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