Subash Yadav v. State of U.P.
Case brief
What is this about?
In bail application CRIMINAL MISC. BAIL APPLICATION No. 46419 of 2023 under Section 439 CrPC, Single Judge held that the case involving murder allegations with motive and corroborative witness evidence is not a fit case for granting bail to the applicant.
What did the court decide?
Prayer for bail enlarged and released was rejected.
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:219531
Court No. - 69
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 46419 of 2023
Applicant :- Subash Yadav Opposite Party :- State of U.P. Counsel for Applicant :- Digambar Dwivedi,Sheetala Prasad Pandey Counsel for Opposite Party :- G.A.,Brijesh Kumar Mishra
Hon'ble Samit Gopal,J.
- List revised.
- Heard Sri Sheetala Prasad Pandey, learned counsel for the applicant, Sri Brijesh Kumar Mishra, learned counsel for the first informant and Sri Ajay Singh, learned AGA-I for the State and perused the records.
- This bail application under Section 439 of Code of Criminal Procedure has been filed by the applicant Subash Yadav , seeking enlargement on bail during trial in connection with Case Crime No. 94 of 2023, under Sections 302, 201 IPC, registered at P.S. Bhatpar Rani, District Deoria.
- The FIR of the matter was lodged on 04.07.2023 by Amarjeet Singh against the applicant and Sudha Devi alleging therein that his younger brother Chandrama Singh was married in the year 2015 and had a son with Sudha Devi. Sudha was having love relationship with Subhash Yadav the applicant and his brother on coming to know of it opposed it. Sudha got angry about a year back and went to her maternal house. On 22.06.2023 in the marriage of daughter of the informant, Sudha did not come. On 25.06.2023 Sudha called his brother Chandrama Singh to her maternal house. On 28.06.2023 police of Police Station Bhatpar Rani was informed that his brother has been murdered after which he reached there and was informed that the body has been sent for postmortem. The dead body of his brother was found about 200 meters away from the maternal house of Sudha. Sudha along with her lover Subhash Yadav has murdered his brother Chandrama and had thrown his body in the drain.
Issues for consideration
2 issues framed by the court
Whether the applicant is eligible for bail under Section 439 CrPC in a murder prosecution involving motive and physical evidence.
Whether the existing evidence including motive and witness testimony necessitates refusal of bail.
Parties & counsel
- applicant
Subash Yadav
Coram
Samit Gopal
Mohammad Arif
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · November
- Registered
- Case no.
- BAIL/46419/2023
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