The Allahabad High Court (Criminal Misc. Bail Application No. 55386 of 2022) refused bail to an applicant charged with murder and related offences under the IPC, finding the gravity of the offence and evidence insufficient to grant release.
Refused: Bail application dismissed.
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.
Court No. - 78
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 55386 of 2022
Applicant :- Rashid Opposite Party :- State of U.P. Counsel for Applicant :- Naushad Alam,Shashi Kant Dwivedi Counsel for Opposite Party :- G.A.
Hon'ble Dr. Gautam Chowdhary,J.
Heard Sri Naushad Alam, learned counsel for the applicant, learned A.G.A. for the State, and perused the record.
This application has been filed with a prayer to release the applicant on bail in case crime No. 264 of 2022, under sections 302, 34, 147, 120-B IPC, P.S. Shivpur, District Varanasi.
It is contended by learned counsel for the applicant that applicant has been falsely implicated in the present case. Further contended that in the present case applicant is not named in the FIR. There is no eye witness account of the alleged incident, both the parties are of the same family and property dispute is going on. The applicant is not a family member of the deceased. The named co-accused have been seen in CCTV footage. The applicant has no concerned in the alleged offence and lastly argued that applicant is in jail since 08.07.2022.
Per contra learned A.G.A. for the State rebutted the above arguments stating that although the applicant-accused is named in the FIR but the independent eye witness namely Sunil Singh has stated in his statement under section 161 Cr.P.C. that when he was going with the injured (Since deceased) to the hospital, the deceased written the name of real assailant Akhilesh on whose complicity the deceased has shot dead who were running on motorcycle and they have also been seen in the CCTV footage (As has been mentioned in parcha No. 20 of the case diary), the cause of death is gun shot injury and the gravity of the offence is too much, therefore, the applicant may not be released on bail
Having considered the submissions raised by the counsel for the applicant-accused and the objections raised by learned A.G.A. for the State, gravity and severity of the offence and conduct of the applicant-accused, I am of the view that prima facie at this stage grounds are not sufficient to enlarge the applicant-accused on bail.
Accordingly, prayer for bail is refused.
Accordingly, this application is dismissed .
Order Date :- 16.3.2023
RPD
Digitally signed by :- RATAN PRAKASH DWIVEDI High Court of Judicature at Allahabad
2 issues framed by the court
Whether the applicant satisfies the conditions for release on bail in a case involving grave offence of murder.
Whether the prima facie grounds raised by the applicant are sufficient to grant bail.
Rashid
State of U.P.
Gautam Chowdhary
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
