Ankur v. State of U.P.
Case brief
What is this about?
This is a bail application in a murder case where the applicant is the brother-in-law of the deceased. The court granted bail after finding no direct evidence against him and no likelihood of tampering with evidence.
What did the court decide?
Release on bail by furnishing a personal bond and two sureties in the like amount to the satisfaction of the court.
What the court decided
Court No. - 75
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 52381 of 2022
Applicant :- Ankur Opposite Party :- State of U.P. Counsel for Applicant :- Paras Nath Singh Counsel for Opposite Party :- G.A.,Hemant Kumar
Hon'ble Sanjay Kumar Singh,J.
Heard learned counsel for the applicant, learned Additional Government Advocate representing the State and learned counsel appearing on behalf of the first informant.
By means of this application under Section 439 of Cr.P.C., applicant, who is involved in Case Crime No. 517 of 2021, under Sections 302, 201, 323, 504, 506 IPC, police station Mawana, district Meerut, seeks enlargement on bail during the pendency of trial.
As per prosecution case, in brief, informant Lalit Kumar, who is brother of Lata (hereinafter referred to as 'the deceased') lodged a first information report on 16.11.2021 against Ankit, present applicant Ankur, Salekhchandra and Mandesh, who are husband, brother-in-law (Devar), father-in-law and mother-in-law of the deceased with the allegations inter alia that marriage of his sister was solemnized in the month of March, 2014 with co-accused Ankit and from their wedlock two daughters were born, but her in-laws were not happy because they wanted a son. On account of this reason, the deceased was being harassed in her matrimonial home and later on she was done to death by the accused persons so that Ankit may marry another girl.
The main substratum of argument of learned counsel for the applicant is that the applicant is brother-inlaw of the deceased . The marriage of the deceased with Ankit, brother of the applicant was a love marriage and that the applicant had no concern with the matrimonial affairs of the deceased and her husband. On 16.11.2021 deceased died on account of Pandemic Covid-19. Much emphasis has been given by contending that there is no direct evidence
Issues for consideration
1 issue framed by the court
Whether the applicant, who is a relative of the deceased with no direct evidence against him, is entitled to bail under Section 439 Cr.P.C. in a murder case.
Parties & counsel
- applicant
Ankur
- respondent
State of U.P.
Coram
Sanjay Kumar Singh
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · April
- Registered
- Case no.
- BAIL/52381/2022
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