Manoj v. State of U.P.
Case brief
What is this about?
The High Court rejected a third bail application filed by an accused charged with murder and affray. Despite submitting contradictions in the informant's statement, the court found no material contradiction regarding the applicant's role in firing, finding no grounds for bail.
What did the court decide?
Bail application rejected; trial directed to be concluded expeditiously without unnecessary adjournments.
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.
Court No. - 75
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 35581 of 2022
Applicant :- Manoj Opposite Party :- State of U.P. Counsel for Applicant :- Ambreen Masroor,Sr. Advocate Counsel for Opposite Party :- G.A.,Ashutosh Pratap Singh,Lokendra Pratap Singh
Hon'ble Sanjay Kumar Singh,J.
Heard Mr, Nazrul Islam Jafri, learned Senior Counsel assisted by Mr. Ali Jamal Khan, learned counsel for the applicant, learned Additional Government Advocate representing the State and Mr. Ashutosh Pratap Singh, learned counsel appearing on behalf of the first informant.
By means of this third bail application under Section 439 of Cr.P.C., applicant, who is involved in Case Crime No. 244 of 2016, under Sections 147, 148, 149, 302 of I.P.C., Police Station- Nidhauli Kalan, District- Etah, seeks enlargement on bail during the pendency of trial.
First bail application of the applicant was rejected by the coordinate Bench of this Court, vide order dated 05.04.2018, in Criminal Misc. Bail Application No. 21550 of 2017 on merits, thereafter, second bail application of the applicant was dismissed for want of prosecution by the coordinate Bench of this Court, vide order dated 18.07.2022, in Criminal Misc. Bail Application No. 19321 of 2021.
As per prosecution case, role of firing first shot to the co-accused Pancham Singh and second shot to the applicant Manoj has been assigned.
Issues for consideration
1 issue framed by the court
Whether the applicant is entitled to bail given contradictions in the prosecution witness statement and attribution of the firing role to him.
Parties & counsel
- applicant
Manoj
Coram
Sanjay Kumar Singh
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · April
- Registered
- Case no.
- BAIL/35581/2022
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