Nirdosh v. State of U.P.
Case brief
What is this about?
The High Court allowed the bail application of Nirdosh in a murder trial, citing jail overcrowding and Article 21 rights without expressing an opinion on case merits, under an order by the Chief Justice.
What did the court decide?
Release on bail on furnishing personal bond and two sureties subject to strict conditions.
What the court decided
Court No. - 73
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 52414 of 2022
Applicant :- Nirdosh Opposite Party :- State of U.P. Counsel for Applicant :- Sushil Dubey,Rajat Kumar Shukla Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Heard learned counsel for the applicant and learned A.G.A.
The instant bail application has been filed on behalf of the applicant, Nirdosh, with a prayer to release him on bail in Case Crime No. 154 of 2021, under Sections 147, 148, 149, 452, 324, 323, 506, 307, 302 IPC Police Station Baldev, District- Mathura, during pendency of trial.
This is the third bail application.The first and second bail applications were rejected vide orders dated 6.12.2021 and 8.9.2022 by a coordinate Bench of this court.
Learned counsel for the applicant has submitted that this bail application has been listed before this court despite availability of earlier coordinate Bench,by order of the Hon'ble the Chief Justice, dated 3.2.2023.
Learned counsel for the applicant has submitted that seven prosecution witnesses have been examined before the trial court, who have not supported the prosecution case.Co-accused, Raju alias Kushalveer and Govind Singh, have been granted bail by this court vide order dated 4.11.2022, after rejection of the second bail application of the applicant. He is in jail since 6.6.2021 and has no criminal history.
Issues for consideration
2 issues framed by the court
Whether the applicant qualifies for bail in a murder charge case considering jail overcrowding and lack of merit opinion.
Whether the extensive jail overcrowding justifies granting bail despite the nature of the offence.
Parties & counsel
- applicant
Nirdosh
Coram
Siddharth
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · February
- Registered
- Case no.
- BAIL/52414/2022
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