Criminal Miscellaneous Bail Application filed by Upendra in a murder case. The learned High Court Judge allowed bail noting that the first informant repudiated the prosecution case and the applicant is without criminal history.
Applicant Upendra released on bail upon furnishing a personal bond and two sureties.
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Neutral Citation No. - 2023:AHC:173448
Court No. - 66
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 52030 of 2022
Applicant :- Upendra Opposite Party :- State of U.P. Counsel for Applicant :- Mohd. Naushad Ahmad Khan,Shamimul Hasnain Counsel for Opposite Party :- G.A.
Hon'ble Ajay Bhanot,J.
By means of the bail application the applicant has prayed to be enlarged on bail in Case Crime No.845 of 2021 at Police Station-Sector 24 Noida, District-Gautam Buddh Nagar under Section 302 IPC. The applicant is in jail since 11.08.2021.
The bail application of the applicant was rejected by the learned trial court on 01.04.2022.
The following arguments made by Shri Mohd. Naushad Ahmad Khan, learned counsel on behalf of the applicant, which could not be satisfactorily refuted by Shri Paritosh Kumar Malviya, learned AGA-I from the record, entitle the applicant for grant of bail:
not nominate the applicant as the principal offender while she was being rushed to the hospital for the medical aid after suffering the fatal gun shot injury.
In the light of the preceding discussion and without making any observations on the merits of the case, the bail application is allowed.
Let the applicant-Upendra be released on bail in the aforesaid case crime number, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court below. The following conditions be imposed in the interest of justice:-
(ii) The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
Order Date :- 28.8.2023 Ashish Tripathi
Digitally signed by :- ASHISH NAYAN TRIPATHI High Court of Judicature at Allahabad
1 issue framed by the court
Whether bail prayers should be granted considering the complainant's contradictory testimony in a murder case.
Upendra
Ajay Bhanot
As recorded by the court registry
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