Munnesh v. State of U.P.
Case brief
What is this about?
The Allahabad High Court rejected a repeat bail application filed by Munnesh accused in a murder case under Section 302 IPC. The applicant cited witness inconsistencies and trial delays invoking A.R. Antulay Vs. R.S. Nayak, but the court found no good ground to enlarge him on bail.
What did the court decide?
The bail application was rejected; the applicant was not 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:189152
Court No. - 65
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 38065 of 2023
Applicant :- Munnesh Opposite Party :- State of U.P. Counsel for Applicant :- A.K. Mishra Counsel for Opposite Party :- G.A.
Hon'ble Rajeev Misra,J.
Heard Mr. A.K. Mishra, the learned counsel for applicant and the learned A.G.A. for State.
This is a repeat application for bail filed by the applicant Munnesh seeking his enlargement on bail in Case Crime No. 123 of 2018, under Section 302 IPC, P.S. Nasirpur, District Firozabad, during the pendency of trial.
First bail application of the applicant was rejected by this Court, vide order 19.03.2021 passed in Criminal Misc. Bail Application No. 11455 of 2021 (Muneesh Vs. State of U.P.). For ready reference, the same is reproduced herein under:-
"Heard learned counsel for the applicant, learned A.G.A. for State and perused the material available on record.
Accused-applicant, involved in Case Crime No.123 of 2018, under Section 302 I.P.C., Police Station Nasirpur, District Firozabad, applied for bail.
Issues for consideration
3 issues framed by the court
Whether the applicant is entitled to bail under Section 302 IPC considering the delay in trial and witness discrepancies?
If the prosecution witnesses have not supported the F.I.R., does it ground the release of the accused on bail?
Whether the delay in conclusion of the trial after more than five years warrants bail?
Parties & counsel
- applicant
Munnesh
- respondent
State of U.P.
Coram
Rajeev Misra
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · October
- Registered
- Case no.
- BAIL/38065/2023
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