Ramcharan Yadav Home Guard v. State of U.P.
Case brief
What is this about?
This bail application by Ramcharan Yadav, charged under the IPC for murder and kidnapping, was rejected. The court found that the recovery of the deceased's skeleton on the applicant's pointing, along with eyewitness testimony placing him at the scene, negated grounds for bail.
What did the court decide?
Bail application rejected; applicant remains in custody pending trial.
What the court decided
Neutral Citation No. - 2023:AHC:206509
Court No. - 65
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 40796 of 2023
Applicant :- Ramcharan Yadav Home Guard Opposite Party :- State of U.P. Counsel for Applicant :- Rafeek Ahmad Khan Counsel for Opposite Party :- G.A.,Narendra Kumar
Hon'ble Rajeev Misra,J.
- Heard Mr. Rafeek Ahmad Khan, the learned counsel for applicant, the learned A.G.A. for State and Mr. Narendra Kumar Tiwari, the learned counsel representing first informant.
- Perused the record.
- This application for bail has been filed by applicant-Ramcharan Yadav, Home Guard seeking his enlargement on bail in Case Crime No. 140 of 2022, under Sections 364, 302, 201 IPC, Police Station-Kulpahar, District-Mahoba during the pendency of trial.
- Record shows that in respect of an incident, which is alleged to have occurred on 25.12.2021, a delayed FIR dated 09.06.2022 was lodged by first informant-Smt. Durji (widow of the deceased) and was registered as Case Crime No. 140 of 2022, under Sections 364, 302 IPC, Police Station-Kulpahar, District-Mahoba . In the aforesaid FIR, 3 persons namely - (1) Kalicharan Vishwakarma, (2) Vishanath Raikwar and (3) Ramcharan Yadav, Home Guard (applicant herein) have been nominated as named accused.
Issues for consideration
1 issue framed by the court
Whether the applicant is entitled to be enlarged on bail in a case involving murder and kidnapping charges where the deceased's skeleton was recovered on his pointing and two eyewitnesses confirmed hi
Parties & counsel
- applicant
Ramcharan Yadav
- 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/40796/2023
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