Joni v. State of U.P.
Case brief
What is this about?
In a bail application regarding a murder case, the High Court held that despite arguments for parity with co-accused on bail, the applicant could not be released. The court relied on a prior order where evidence against the applicant was found stronger than that against her co-accused, specifically noting the applicant was the deceased's wife. Bail was denied.
What did the court decide?
No bail granted. Applicant liable to remain in detention.
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:223616
Court No. - 65
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 42529 of 2023
Applicant :- Joni Opposite Party :- State of U.P. Counsel for Applicant :- Neha Tyagi,Akash Tyagi Counsel for Opposite Party :- G.A.
Hon'ble Rajeev Misra,J.
Heard Mr. Akash Tyagi, the learned counsel for applicant and the learned A.G.A. for State.
Perused the record.
This application for bail has been filed by applicant-Joni seeking his enlargement on bail in Case Crime No. 27 of 2023, under Sections 302, 120-B, 201, 202 IPC and Section 3/25/27 Arms Act, Police Station-Saroorpur, District-Meerut during the pendency of trial.
Record shows that in respect of an incident which is alleged to have occurred on 02.02.2023, a delayed first information report dated 04.02.2023 was lodged by the first informant, namely, Rajpal (uncle of the deceased) and was registered as Case Crime No.0027 of 2023, under Section 302 IPC, Police Station-Saroorpur, District-Meerut. In the aforesaid first information report, two persons, namely, Joni and Preeti have been nominated as named accused, whereas some unknown persons have also been arraigned as accused.
Issues for consideration
3 issues framed by the court
Whether the applicant is entitled to bail on grounds of parity with co-accused who have been released on bail.
Whether the applicant has made out a sufficient case for bail despite strong circumstantial evidence.
Whether the categorical finding in the earlier bail order of a co-accused prevents bail for the present applicant.
Parties & counsel
- appellant
Joni
- respondent
State of U.P.
Coram
Hon'ble Rajeev Misra,J.
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · November
- Registered
- Case no.
- BAIL/42529/2023
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