Mukesh v. State of U.P.
Case brief
What is this about?
Held applicant Mukesh entitled to bail in murder case under Section 302 IPC after prosecution witnesses turned hostile and evidence based on suspicion could not prove guilt at bail stage.
What did the court decide?
Applicant released on bail subject to personal bond, two sureties, regular appearance at trial court, and no inducement or tampering.
What the court decided
Neutral Citation No. - 2023:AHC:205455
Court No. - 70
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 43800 of 2023
Applicant :- Mukesh Opposite Party :- State of U.P. Counsel for Applicant :- Zafar Abbas,Sarve Nazir Counsel for Opposite Party :- G.A.
Hon'ble Sameer Jain,J.
- Heard Sri Zafar Abbas, learned counsel for the applicant and Dr.S.B.Maurya, learned AGA-I, for the State.
- The instant bail application has been filed on behalf of the applicant with the prayer to release him on bail in Case Crime No.137 of 2022, under Section 302 IPC, Police Station Bhagatpur, District Moradabad during pendency of the trial.
- FIR of the present case was lodged against the applicant by his mother and according to the FIR, elder son of the informant was used to consume liquor and on 11.6.2022 at about 12.00 PM in the noon he came under intoxication and thereafter some dispute arose between both the brothers, i.e., applicant and his elder brother and thereafter informant had gone to forest and when she was returning to home then found that home was locked and applicant was standing on the way and he handed over the key of the house to her and when she arrived at home then found that dead body of her elder son was lying. It is further mentioned in the FIR that informant was having doubt that applicant strangulated his brother.
Issues for consideration
3 issues framed by the court
Whether the applicant entitled to bail in a murder case where key prosecution witnesses turned hostile and evidence relied solely on suspicion.
Whether recovery of a scarf used as a weapon establishes guilt when no eyewitnesses are available.
Whether bail conditions can be framed without expressing opinion on merits of the case.
Parties & counsel
- applicant
Mukesh
Coram
Sameer Jain
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · October
- Registered
- Case no.
- BAIL/43800/2023
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