In a criminal miscellaneous bail application under Section 439 CrPC, the High Court of Judicature at Allahabad rejected the applicant's plea for bail. The court found the FIR credible with recovery of a pistol pointing to the applicant and noted rejection of bail for co-accused, deeming it not a fit case.
Bail application rejected; applicant remains in custody.
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.
Neutral Citation No. - 2023:AHC:232074
Court No. - 69
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 52476 of 2023
Applicant :- Gautam Opposite Party :- State of U.P. Counsel for Applicant :- Ramesh Chandra Yadav Counsel for Opposite Party :- G.A.
Hon'ble Samit Gopal,J.
the said ante-mortem injuries. It is further argued that the author of the said injuries are not known. Common and general role has been assigned to all the 14 accused persons including the applicant. It is argued that co-accused Vivek, Satendra and Hukam Singh have been granted bail by co-ordinate Benches of this Court vide orders dated 31.07.2023, 09.01.2023 and 30.10.2023 passed in Crl. Misc. Bail Application Nos. 31204 of 2023 (Vivek Vs. State of U.P.), 41195 of 2022 (Satendra Vs. State of U.P.) and 39511 of 2023 (Hukam Singh Vs. State of U.P.), copy of the orders are annexed as annexure 9 to the affidavit respectively. It is argued while placing para 18 of the affidavit that there is no incriminating material has been recovered from the possession of the applicant. It is argued that the trial in the matter has started and as such there are no chances of the applicant tampering with evidence or threatening the witnesses as in the trial 12 witness out of 15 witness have been examined. He further argued that the applicant has no criminal history as stated in para 23 of the affidavit and is in jail since 23.03.2022.
applicant. Co-accused Devi Singh, Shiv Kumar and Pawan Kumar @ Bhure have been denied bail by co-ordinate Benches of this Court. I do not find it a fit case for bail.
Order Date :- 7.12.2023 M. ARIF
(Samit Gopal, J.)
Digitally signed by :- MOHAMMAD ARIF High Court of Judicature at Allahabad
1 issue framed by the court
Whether the applicant should be released on bail in a murder case involving firearm injuries and death of two persons.
Gautam
Samit Gopal
M. Arif
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
