Rajesh v. State of U.P.
Case brief
What is this about?
In a bail application regarding murder and kidnapping, the Allahabad High Court granted bail after noting a lack of evidence suggesting trial tampering, despite objections from the State.
What did the court decide?
Released on bail on furnishing a personal bond and two heavy local sureties subject to conditions.
What the court decided
Neutral Citation No. - 2023:AHC:237775
Court No. - 68
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 50089 of 2023
Applicant :- Rajesh Opposite Party :- State of U.P. Counsel for Applicant :- Vijay Bahadur Shivhare,Vishvendra Singh Counsel for Opposite Party :- G.A.,Rajesh Dutta Pandey
Hon'ble Dr. Gautam Chowdhary,J.
1.This case is nominated to this Court vide order dated 12th December, 2023 passed by Hon'ble The Acting Chief Justice. Heard Sri V.P.Srivastava, learned Senior Counsel assisted by Sri Vijay Bahadur Shivhare,Vishvendra Singh learned counsel for the applicant, Sri Rajesh Dutta Pandey, learned counsel for the informant, learned A.G.A for the State and perused the record.
- According to the general diary entry no.26 dated 09.02.2023 an information was given by one Shiv Kumar mobile no. 8979864507 that a dead body was lying near toll plaza, upon which information the Sub-Inspector Mohit Sharma along with Head Constable 2173 Yogesh Kumar and Lady Constable No. 4555 Sunaina reached at the spot and saw the dead body in burnt state and the relatives were weeping, hurling and crying, thereafter panchayatnama was conducted and autopsy of deceased Love Rajpoot was conducted on 10.02.2023 at about 2:30 P.M. With regard to the said incident, a first information report was lodged nominating the applicant and one Monty as an accused alleging therein that on 09.02.2023 at about 08:30 P.M. the deceased told his mother that he will go to Raghunath Degree College along with the applicant and co-
Issues for consideration
2 issues framed by the court
Whether the applicant is entitled to bail in an offense under Sections 364-A, 302, and 201 IPC.
Whether parity of treatment with a co-accused who was released on bail warrants bail for the applicant.
Parties & counsel
- applicant
Rajesh
- respondent
State of U.P.
Coram
Dr. Gautam Chowdhary
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · December
- Registered
- Case no.
- BAIL/50089/2023
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