Kapil v. State of U.P.
Case brief
What is this about?
Single judge allowed bail in a murder case. The court held that mere conversation recorded in call details between the applicant and co-accused does not prove participation in the crime. Bail granted on personal bond and two sureties.
What did the court decide?
Release of the applicant on bail by furnishing a personal bond and two sureties to the satisfaction of the court concerned.
What the court decided
Neutral Citation No. - 2023:AHC:203046
Court No. - 70
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 44649 of 2023
Applicant :- Kapil Opposite Party :- State of U.P. Counsel for Applicant :- Mayank Yadav,Vivek Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Sameer Jain,J.
- Sri Sandeep Tripathi, Advocate, filed his power today on behalf of the informant, which is taken on record.
- Heard Sri Vivek Kumar Singh, learned counsel for the applicant, Sri Sandeep Tripathi, learned counsel for the informant and Sri R.N. Srivastava, learned AGA for the State-respondent.
- The instant application has been filed seeking release of the applicant on bail in Case Crime No. 80 of 2023, under Sections 302, 120-B IPC, Police Station- Bhaura Kalan, DistrictMuzaffarnagar, during pendency of the trial in the court below.
- FIR of the present case was lodged against unknown persons and according to the FIR, dead body of the uncle of the informant was found in the field and it appears that some unknown person has committed his murder.
Issues for consideration
2 issues framed by the court
Whether the applicant is entitled to be released on bail in a murder case based on circumstantial evidence including confession and call details.
Whether the evidence available against the applicant at the bail stage satisfies the requirement for granting bail under Section 437 CrPC.
Parties & counsel
- applicant
Kapil
- respondent
State of U.P.
Coram
KRISHN KANT PATEL
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · October
- Registered
- Case no.
- BAIL/44649/2023
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