Rajeev v. State of U.P.
Case brief
What is this about?
The High Court granted bail to the applicant in a murder and attempt to murder case through conditional order focusing on trial conduct and prevention of harassment.
What did the court decide?
Release granted on furnishing personal bond and two heavy sureties subject to conditions regarding court attendance, no tampering, and absence penalties.
What the court decided
Court No. - 79
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 51709 of 2022
Applicant :- Rajeev Opposite Party :- State of U.P. Counsel for Applicant :- Jitendra Kumar Mishra Counsel for Opposite Party :- G.A.,Hanuman Prasad Mishra
Hon'ble Dr. Gautam Chowdhary,J.
Heard Sri Jitendra Kumar Mishra, learned counsel for the applicant, learned counsel for the State, Sri Hanuman Prasad Mishra, learned counsel for the informant and perused the material on record.
This bail application under Section 439 of Code of Criminal Procedure has been filed by the applicant Rajeev , seeking enlargement on bail during trial in connection with Case Crime No. 107 of 2022, under Sections 302, 201 I.P.C. registered at P.S.- Maudarwaja, District- Farrukhabad.
The submission advanced by learned counsel for the applicant is that the applicant is innocent and has been falsely implicated in the present case due to ulterior motive. There is no direct evidence against the applicant. The applicant is neither named in the FIR nor he has taken money from the deceased. Also there is no motive against the applicant to commit the alleged offence.Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed before the Court. The circumstances which, according to the counsel, led to the false implication of the accused have also been mentioned. It has also been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required and is also ready to accept all the conditions which the Court may deem fit to impose upon him. It is further contended by learned counsel for the applicant that the applicant is languishing in jail since ... having no criminal history.
Issues for consideration
2 issues framed by the court
Whether the applicant should be enlarged on bail despite allegations of murder and attempt to murder.
Whether any tampering with evidence or harm to the victim is likely while on bail.
Parties & counsel
- applicant
Rajeev
- respondent
State of U.P.
Coram
Dr. Gautam Chowdhary
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · January
- Registered
- Case no.
- BAIL/51709/2022
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