Rashid v. State of U.P.
Case brief
What is this about?
In Criminal Misc. Bail Application No. 47730 of 2023, the Allahabad High Court considered a bail plea in a murder case. A bench of HON'BLE SAMIT GOPAL, J. reviewed the FIR, eyewitness testimony from an 11-year-old child, and material recovered including a pistol and blood-stained knife. The court found the case fit for arraignment and rejected the bail application (None of these subjects fits prec
What did the court decide?
The bail application under Section 439 CrPC was rejected.
What the court decided
Neutral Citation No. - 2023:AHC:236080
Court No. - 69 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 47730 of 2023 Applicant :- Rashid Opposite Party :- State of U.P. Counsel for Applicant :- Sayeed Saif Ullah,Sufia Saba Counsel for Opposite Party :- G.A.,Hanuman Prasad Mishra
Hon'ble Samit Gopal,J.
- List revised.
- Heard Ms. Sufia Saba, learned counsel for the applicant, Sri Hanuman Prasad Mishra, learned counsel for the first informant and Sri Ajay Singh, learned AGA-I for the State and perused the material on record.
- This bail application under Section 439 of Code of Criminal Procedure has been filed by the applicant Rashid , seeking enlargement on bail during trial in connection with Case Crime No. 314 of 2022, under Section 302 I.P.C., registered at Police Station Kotwali Nagar, District Muzaffar Nagar.
- The FIR of the matter was lodged on 01.06.2022 by Javed against the applicant alleging therein that he went in the morning to do his job. His wife Anjum was in the house and the children had gone to Madarsa in the locality to study. At about 03:15 pm his son Nabeel came back to the house from Madarsa and found Rashid in the house. Subsequently there was some quarrel between Smt. Anjum and Rashid in the house after which Rashid fired on her and also slit her neck with razor. The incident has been witnessed by Nabeel and other persons. The body of his wife is lying on the bed in the room.
Issues for consideration
2 issues framed by the court
Whether the applicant is entitled to bail in a case involving murder under Section 302 IPC given the eyewitness testimony of the deceased's son and recovery of weapons.
Does the presence of forensic evidence (forensic report awaited) affect the likelihood of grant of bail?
Parties & counsel
- applicant
Rashid
Coram
Samit Gopal,J.
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · December
- Registered
- Case no.
- BAIL/47730/2023
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