The High Court of Judicature at Allahabad rejected the second bail application of Himanshu, an under trial in a murder and attempt to murder case. The court held the applicant not entitled to bail considering the gravity of the offence and corroborative evidence.
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Neutral Citation No. - 2023:AHC:195863
Court No. - 85
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 38168 of 2023
Applicant :- Himanshu Opposite Party :- State of U.P. Counsel for Applicant :- Vishal Singh,Ravindra Pratap Singh 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 second bail application has been filed on behalf of applicant in Case Crime No. 512 of 2020, under Sections 302, 201 of IPC, Police Station Pilkhua, District Hapur with the prayer to enlarge the applicant on bail. First bail application was rejected by this Court vide order dated 08.02.2023 in Criminal Misc. Bail Application No. 23533 of 2023.
It has been argued by learned counsel for the applicant that applicant is innocent and he has been falsely implicated in the present case. It is further submitted that during trial four witnessed has been examined, witness Rahul who happens to be witness of last seen together with the deceased before death has not corroborated the version of the prosecution during his cross examination. It is further submitted that co-accused Harsh @ Foka has already been granted bail by Hon'ble the Apex Court. The applicant is languishing in jail since 20.11.2020 and that in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
Per contra, the learned Additional Government Advocate has opposed the prayer for grant of bail and submitted that P.W.-1, informant-Smt Rinki, P.W.-2-Amit Tomar have corroborated the version of the prosecution. It is further submitted that co-accused Harsh @ Foka was not named in the F.I.R while the present applicant is named in the F.I.R.
Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties, nature of evidence and gravity of the offence, without expressing any opinion on
merits of the case, the Court is of the view that the applicant is not entitled for the bail, therefore, the bail application is rejected.
Any observation made above shall not be treated as any finding on the merit and shall not prejudice the trial.
Order Date :- 11.10.2023 PS
Digitally signed by :- POOJA SHARMA High Court of Judicature at Allahabad
2 issues framed by the court
Whether bail should be granted to the applicant in a case involving Sections 302 and 201 of IPC.
Whether the grounds of innocence and lack of corroboration merit release from custody.
Himanshu
Mayank Kumar Jain
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
