Dismissed

Koshindar v. State of U.P.

Allahabad HC3 May 2023BAIL/49497/2022

Case brief

AI extract

What is this about?

In a bail application under Section 439 Cr.P.C., the applicant, accused of murder under Sections 302, 506 IPC, sought release. The court rejected the application due to the heinous nature of the offence involving a fatal wound and recovery of a bloodstained knife at the applicant's pointing out, finding no sufficient ground for bail.

What did the court decide?

Bail application rejected; applicant to remain in jail pending trial.

Koshindar Vs State of U.P. — Murder and Culpable Homicide | Allahabad HC (2023)

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Court No. - 75

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 49497 of 2022

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Applicant :- Koshindar Opposite Party :- State of U.P. Counsel for Applicant :- Kuldeep Kumar Counsel for Opposite Party :- G.A.

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Hon'ble Sanjay Kumar Singh,J.

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Heard learned counsel for the applicant as well as learned Additional Government Advocate representing the State.

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By means of this application under Section 439 of Cr.P.C., applicant-Koshindar, who is involved in Case Crime No. 059 of 2021, under Sections 302, 506 of I.P.C., Police Station-Kithore, District-Meerut, seeks enlargement on bail during the pendency of trial.

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As per the prosecution case in brief, the F.I.R. was lodged by Kamlesh who is mother of the deceased on 22.02.2021 at 11:40 hours, for the alleged offence under Sections 302, 506 of I.P.C., against the present applicant-Koshindar and three other accused persons, namely, Amit, Ankit and Rohit, attributing the role of catching hold to co-accused Amit, Ankit and Rohit and role of causing stab wound in the stomach of the deceased to the present applicantKoshindar.

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The main substratum of argument of learned counsel for the applicant is that the applicant has been falsely implicated in this case. The informant does not appears to be an eye-witness of the incident. During investigation, complicity of the present applicant-Koshindar, Amit and Ankit has been found false, therefore, they have been exonerated and there was no allegation of causing repeated knife injury to the applicant, therefore, the applicant who is languishing in jail since 23.02.2021 may be released on bail.

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On the other hand, learned A.G.A. for the State opposed the prayer for bail of the applicant by contending that at the pointing out of the applicant,

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a bloodstained knife which was used in commission of crime was also recovered and the same was sent to Forensic Science Laboratory, Ghaziabad, for its examination. As per FSL report dated 03.12.2021, human blood has been found on the knife.

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Having heard learned counsel for the parties and examined the matter in its entirety, I find that role of causing stab wound in the stomach of the deceased has been assigned to the present applicantKoshindar and a bloodstained knife has also been recovered at his pointing out, on which human blood was found. The offence is heinous in nature.

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Considering the overall facts and circumstances of the case as well as keeping in view the submissions advanced on behalf of parties, gravity of offence, role assigned to applicant, nature of injury and severity of punishment, I do not find any good ground to release the applicant on bail.

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Accordingly, the bail application is rejected .

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It is made clear that the observation contained in the instant order is confined to the issue of bail and shall not affect the merit of the trial.

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Order Date :- 3.5.2023 Kashifa

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Digitally signed by :- KASHIFA High Court of Judicature at Allahabad

Koshindar v. State of U.P.

Case brief

What is this about?

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Koshindar v. State of U.P.

Case brief

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