Anil v. State of U.P.
Case brief
What is this about?
The High Court rejected a bail application in a murder trial. The court found no grounds to release the applicant, directing the lower court to conclude the trial expeditiously within one year.
What did the court decide?
The bail application was rejected. The trial court is directed to conclude the trial within one year.
What the court decided
Reserved on 10.2.2023 Delivered on 23.2.2023
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 58572 of 2022
Applicant :- Anil Opposite Party :- State of U.P. Counsel for Applicant :- Pawan Giri Counsel for Opposite Party :- G.A.,Hari Shanker Srivastava
Hon'ble Siddharth,J.
Heard Sri Pawan Giri, learned counsel for the applicant; Sri Hari Shanker Srivastava, learned counsel for the informant; learned AGA for the State and perused the material placed on record.
The instant bail application has been filed on behalf of the applicant, Anil, with a prayer to release him on bail in Case Crime No. 0183 of 2022, under Section 302 IPC, Police Station Shahi, District- Bareilly, during pendency of trial.
There is allegation in the FIR that the applicant was married to Manju 15 years ago. The father-in-law of the informant is bed ridden and he is having land dispute with Sunil Sharma s/o Mehendra Master and Anil S/o Mahendra Master. Mother-in-law of the informant looks after the cases pending in the courts below. On 8.8.2022 at about 6:00 p.m. younger brother of the informant, Sarvesh Kumar Sharma, found mother-in-law of the informant, Phoolwati talking to Sunil Sharma, Anil Sharma and Hari Shankar and she stated that she will go with them. On 9.8.2022 at about 4:00 p.m. phone call came from the neighbour of his mother-in-law, Rajbhan that dead body of his mother-in-law, Phootwati, is lying in the Jungle. On reaching there, the informant found that on her dead body, serious injuries were caused and blood was oozing out. Hence FIR was lodged against Sunil Sharma, Anil and Hari Shankar.
Issues for consideration
3 issues framed by the court
Whether the applicant is entitled to be released on bail in a murder case involving prior enmity and lack of eye-witnesses.
Whether the impugned order requires expedited conclusion of the trial.
Whether the applicant deserves indulgence at the pre-trial stage given the allegations.
Parties & counsel
- applicant
Anil
- respondent
State of U.P.
Coram
Siddharth
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · February
- Registered
- Case no.
- BAIL/58572/2022
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