Istekar v. State of U.P.
Case brief
What is this about?
The High Court of Judicature at Allahabad considered a bail application under Sections 147, 148, 149, 323, 336, 307 and 302 IPC. Finding no grounds for bail, the court rejected the prayer and directed the lower court to conclude the trial within one year.
What did the court decide?
Bail application rejected; trial to be concluded expeditiously within one year.
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.
RESERVED ON 25.1.2023 DELIVERED ON 28.1.2023
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 51964 of 2022
Applicant :- Istekar Opposite Party :- State of U.P. Counsel for Applicant :- M J Akhtar,Sr. Advocate Counsel for Opposite Party :- G.A.,Sushil Kumar Pandey
Hon'ble Siddharth,J.
Heard Sri V.M. Zaidi, learned Senior Counsel, assisted by Sri M.J. Akhtar, learned counsels for the applicant; Shri Sushil Kumar Pandey, learned counsel the informant, learned A.G.A. for the State and perused the material placed on record.
The instant bail application has been filed on behalf of the applicant, Istekar , with a prayer to release him on bail in Case Crime No. 116 of 2022, under Sections 147,148,149,323,336,307 and 302 IPC, Police Station Shahpur, District- Muzaffarnagar, during pendency of trial.
There is allegation in the First Information Report that applicant was being married to daughter of Afjal @ Dr. Bangali on 8.5.2022.With regard to demand of Bullet Motorcycle and some money as dowry,the dispute took place between both the parties to the marriage and thereafter applicant and other co-accuseds are alleged to made firing and caused injuries by country made pistol, lathi, danda and stones. The firing was done by the applicant and other co-accused persons and one fire hit
the brother of the informant, Zafar, on head and Vakil Khan was also injured by lathi, danda and stones. Subsequently Zafar Khan died.The statements of the witnesses were recorded including the statement of the injured Vakil Khan, who has made direct allegation against the applicant of causing two gun shots fire on head of the deceased, Zafar Khan and also one fire on himself, which luckily did not hit him.
Issues for consideration
3 issues framed by the court
Whether the applicant is eligible for bail in a case involving charges of conspiracy, voluntary causing of death and attempt to murder.
Whether there are grounds for enlarging the applicant on bail at the present stage of trial.
Whether the trial should be concluded expeditiously against the applicant.
Parties & counsel
- applicant
Istekar
Coram
Siddharth
Atul Kumar Srivastava
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · January
- Registered
- Case no.
- BAIL/51964/2022
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