Govind v. State of U.P.
Case brief
What is this about?
In this third bail application, the Allahabad High Court rejected the plea of the applicant, Govind, seeking release on bail for charges including murder (302 IPC). The court found no new grounds to interfere and distinguished the applicant's role as the author of the fatal injury from that of his co-accused who was granted bail. Previous bail pleas were dismissed.
What did the court decide?
Application for bail was dismissed. The applicant is not to be enlarged on bail.
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.
Neutral Citation No. - 2023:AHC:167331
Court No. - 65
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 28446 of 2023
Applicant :- Govind Opposite Party :- State of U.P. Counsel for Applicant :- Arvind Kumar Counsel for Opposite Party :- G.A.,Yashpal Yadav
Hon'ble Rajeev Misra,J.
Heard Mr. Arvind Kumar, the learned counsel for applicant, the learned A.G.A. for State and Mr. Sunil Yadav, Advocate, holding brief of Mr. Yashpal Yaddav, the learned counsel for first informant.
This third bail application has been filed by applicant Govind, seeking his enlargement on bail in Case Crime No. 252 of 2018, under Sections 323, 504, 506, 302 IPC, Police Station-Rasoolabad, District Kanpur Dehat, during the pendency of trial.
Record shows that first bail application of applicant was rejected by this Court vide order dated 13.7.2019, passed in Criminal Misc. Bail Application No. 5184 of 2019 (Govind Vs. State of U.P.). For ready reference, same is reproduced herein under:
"Heard learned counsel for the applicant, learned counsel for the complainant as well as Sri Mayank Misra, learned Brief Holder for the State and perused the record.
Issues for consideration
3 issues framed by the court
Whether the applicant is entitled to bail given the gravity of the offence and lack of new grounds.
Whether the delay in trial justifies enlargement of the applicant on bail.
Whether the case of the co-accused on bail is distinguishable from the applicant's case.
Parties & counsel
- applicant
Govind
- respondent
State of U.P.
Coram
Rajeev Misra
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · August
- Registered
- Case no.
- BAIL/28446/2023
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