Rajnish v. State of U.P.
Case brief
What is this about?
Court allowed bail to applicant Rajnish in a murder case pending trial based on the ground of parity with co-accused persons who had already obtained bail, despite vehement opposition from State representatives.
What did the court decide?
Applicant Rajnish released on bail by furnishing a personal bond and two heavy sureties in like amounts to the satisfaction of the court concerned.
What the court decided
Court No. - 83
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6279 of 2023
Applicant :- Rajnish Opposite Party :- State of U.P. Counsel for Applicant :- Pardeep Kumar,Ram Bahadur,Sr. Advocate Counsel for Opposite Party :- G.A.,Amar Nath
Hon'ble Krishan Pahal,J.
- List has been revised.
- Heard Shri Anil Kumar Srivastava, learned Senior Counsel assisted by Shri Ram Bahadur, counsel for the applicant and Shri P.N. Tiwari, Advocate holding brief of Shri Amar Nath, learned counsel for the informant as well as Shri Rajesh Kumar Srivastava, learned A.G.A. for the State and perused the record.
- Applicant seeks bail in Case Crime No.303 of 2022, under Sections 147, 148, 149, 302, 307, 452, 504, 506/34 I.P.C. and Section 7 of Criminal Law Amendment Act, Police Station Sarsawa, District Saharanpur, during the pendency of trial.
- As per prosecution story, the co-accused person Varun @ Fauji had an altercation with the deceased person Monu while traveling on the road on 09.08.2022 at about 3:00 pm. Enraged by the said incident, the applicant and other six named coaccused persons are stated to have come to the house of the deceased person and are stated to have fired indiscriminately on Monu and his father Sethpal injuring them by firearm weapons. In the said incident, Monu is stated to have been put to death at about 5:00 pm.
Issues for consideration
2 issues framed by the court
Whether the applicant is entitled to bail on the ground of parity with co-accused persons who have already been enlarged on bail.
Whether the applicant, having no criminal history and an identical role to a bailed co-accused, makes out a case for bail.
Parties & counsel
- applicant
Rajnish
- respondent
State of U.P.
Coram
Krishan Pahal
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · February
- Registered
- Case no.
- BAIL/6279/2023
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