Jitendra Yadav v. State of U.P.
Case brief
What is this about?
The High Court rejected the second bail application of Jitendra Yadav charged with murder and attempted murder. The Court noted the applicant's extensive criminal history, including repetition of murder offences, and held that no ground for bail was made out, distinguishing the principle of parity regarding co-accused bail.
What did the court decide?
Bail application rejected.
What the court decided
Neutral Citation No. - 2023:AHC:194072
Court No. - 69
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 29325 of 2023
Applicant :- Jitendra Yadav Opposite Party :- State of U.P. Counsel for Applicant :- Hari Om Ojha Counsel for Opposite Party :- G.A.
Hon'ble Samit Gopal,J.
- Heard Sri Rishikant Rai Advocate holding brief of Sri Hari Om Ojha, learned counsel for the applicant and Sri Bade Lal Bind, learned counsel for the State and perused the material on record.
- This is second bail application of the applicant. The first bail application of the applicant was rejected by a common order dated 22.07.2021 by Hon'ble Om Prakash-VII,J. (as he was then) passed in Criminal Misc. Bail Application No. 28618 of 2019 (Bhagwat Yadav vs. State of U.P.) along with the connected matters.
- This bail application under Section 439 of Code of Criminal Procedure has been filed by the applicant- Jitendra Yadav , seeking enlargement on bail during trial in connection with Case Crime No. 434 of 2018, under Sections 307, 302 and 34 I.P.C. and Section 7 CLA Act, Police Station Pipraich, District Gorakhpur.
- The facts of the case is that a first information report was lodged on 16.10.2018 by Smt. Sangeeta Devi against the applicant and 03 accused persons alleging therein that on 16.10.2018 at about 3.30 p.m. Anikesh Yadav her nephew was going for having his shaving done whereby all the accused persons came on Fortuner car with countrymade pistol and opened firing upon him and murdered him.
Issues for consideration
2 issues framed by the court
Whether bail should be granted to the applicant who is facing murder charges and has a significant criminal history.
Whether the bail granted to co-accused creates a binding parity for repeating the same prayer.
Parties & counsel
- applicant
Jitendra Yadav
Coram
Samit Gopal
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · October
- Registered
- Case no.
- BAIL/29325/2023
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