Bail applications by Kunwar Singh and Yogesh Bittu were rejected in a murder case. Despite co-accused being on bail, the court denied release citing the gravity of the offence, complicity established, and the credible testimony of an independent witness against the applicants.
The applications for bail were rejected.
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:186518
Court No. - 65
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 35516 of 2023
Applicant :- Kunwar Singh@ Nanhe Singh Opposite Party :- State of U.P. Counsel for Applicant :- Surendra Kumar,Ajay Kumar Giri Counsel for Opposite Party :- G.A.
With
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 35427 of 2023
Applicant :- Yogesh @ Bittu Opposite Party :- State of U.P. Counsel for Applicant :- Surendra Kumar,Ajay Kumar Giri Counsel for Opposite Party :- G.A.
Hon'ble Rajeev Misra,J.
aforesaid F.I.R., nine persons namely Mahendra Singh, Upendra Singh, Krishnapal Singh, Saurabh Singh, Tipoo Singh, Sushil Singh, Ankit, Monu Singh have been nominated as named accused whereas three or four unknown persons have also been arraigned as accused.
i. Co-accused Suraj Dwivedi has already been enlarged on bail by this Court vide order dated 11.07.2023 passed by this Court in Criminal Misc. Bail Application No. 23708 of 2023 (Suraj Dwivedi Vs. State of U.P.).
ii. Co-accused Mahendra Singh has already been enlarged on bail by this Court vide order dated 11.07.2023 passed by this Court in Criminal Misc. Bail Application No. 24264 of 2023 (Mahendra Singh Vs. State of U.P.).
iii. Co-accused Saurabh Singh has already been enlarged on
bail by this Court vide order dated 18.08.2023 passed by this Court in Criminal Misc. Bail Application No. 36202 of 2023 (Saurabh Singh Vs. State of U.P.).
evidence, gravity and nature of offence, accusations made as well as complicity of applicants coupled with the fact that as per statement of independent witness namely Vimal, applicants are the authors of the fatal gun shot injury as well as the incised wounds sustained by the deceased, there is nothing on record to dislodge the credibility or reliability of aforesaid statement of independent witness, therefore, irrespective of the submissions urged by the learned counsel for applicants in support of the present application for bail, this Court does not find any good or sufficient ground to enlarge the applicants on bail.
Order Date :- 26.9.2023 YK
Digitally signed by :- YASHWANT KUMAR High Court of Judicature at Allahabad
3 issues framed by the court
Whether the applicants for bail are entitled to enlargement given their role in causing fatal injuries and lack of corroboration in investigation material.
Whether the bail orders of co-accused justify granting bail to the present applicants in identical circumstances.
Whether the credibility of the independent witness statement disallows bail for applicants accused of murder.
2 provisions across 2 enactments
Kunwar Singh@ Nanhe Singh
Yogesh @ Bittu
Rajeev Misra
Yashwant Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
