Ramdas @ Bhagat v. State of U.P.
Case brief
What is this about?
Criminal Jurisdiction at Allahabad revisited the bail application filed by Ramdas, accused of murder under IPC 302. Considering eyewitness testimony and the nature of evidence, the court rejected the bail plea.
What did the court decide?
Release of the applicant on bail in Case Crime No. 503 of 2022.
What the court decided
A compact analysis
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:118435
Court No. - 74
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 56272 of 2022
Applicant :- Ramdas @ Bhagat Opposite Party :- State of U.P. Counsel for Applicant :- Shivam Yadav,Akhilesh Singh Counsel for Opposite Party :- G.A.
Hon'ble Sameer Jain,J.
- Heard Sri Akhilesh Singh, learned counsel for the applicant and Sri Varun Kumar Agnihotri, learned brief holder for the Staterespondent.
- The instant application has been filed seeking release of the applicant on bail in Case Crime No. 503 of 2022, under Section 302 IPC, Police Station- Sirsaganj, District- Firozabad, during pendency of the trial in the court below.
- FIR of the present case was lodged against the applicant and wife of the deceased and according to the FIR, applicant was having illicit relationship with the co-accused, who is the wife of the deceased and both committed his murder and applicant was seen by one Avanish Kumar while he was coming out from the plot of the informant.
- Learned counsel for the applicant submitted that entire allegations made against the applicant are totally false and baseless and applicant was having close relationship with the co-accused Baby i.e. wife of the deceased, therefore, only due to this reason, he was falsely implicated by the informant in the present matter. He further submitted that during investigation, statement of nominated witness Avanish Kumar was recorded and he stated that he witnessed the applicant on the date of incident while he was coming out from the house of the informant and going toward lane.
Issues for consideration
3 issues framed by the court
Whether the applicant is entitled to be released on bail considering the evidence of the deceased's son and witness during investigation for murder.
Whether the delay in recording the statement of the minor witness affects its veracity at the bail stage.
Whether the circumstantial and direct evidence on record justifies the rejection of the bail application.
Parties & counsel
- applicant
Ramdas @ Bhagat
- respondent
State of U.P.
Coram
Samir Jain
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · May
- Registered
- Case no.
- BAIL/56272/2022
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