Ahmad v. State of U.P.
Case brief
What is this about?
In a bail application under Section 302 IPC, the court rejected the prayer for bail, finding it not a fit case due to the gravity of the offence and the main role assigned to the applicant in the FIR.
What did the court decide?
Prayer to enlarge the applicant on bail was rejected.
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:121150
Court No. - 79
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 30806 of 2020
Applicant :- Ahmad Opposite Party :- State of U.P. Counsel for Applicant :- Mazhar Ullah,Vikrant Gupta 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 record.
The present bail application has been filed on behalf of applicant in Case Crime No.05 of 2020, under Section 302 IPC, Police Station Ganj, District Rampur with the prayer to enlarge the applicant on bail.
It has been argued by learned counsel for the applicant that applicant is innocent and he has been falsely implicated in the present case only on the basis of being the friend of co-accused, Yaseen.. No one has seen the alleged incident. It is further submitted that there is no credible and cogent evidence against the applicant. Reliance has been placed upon the statement of P.W.4, Khalid that there was no electricity connection in the house of the informant, therefore, there was no occasion for the applicant to demand money for repairing such electricity board. It is further submitted that recovery of a knife shown on the pointing out of the applicant is false and planted one. There is no independent witness to the alleged recovery. It is further submitted that applicant is languishing in jail since 10.01.2020 having no criminal history and that in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
Issues for consideration
2 issues framed by the court
Whether the applicant is a fit case for bail in a charge of murder.
Whether the gravity of the offence precludes bail.
Parties & counsel
- applicant
Ahmad
Coram
Mayank Kumar Jain
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · May
- Registered
- Case no.
- BAIL/30806/2020
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