Motar Shekh @ Moman @ Noman v. State of U.P.
Case brief
What is this about?
In this bail application under Section 439 Cr.P.C., the Allahabad High Court held that the applicant is not to be enlarged on bail during trial. The court noted the applicant was absconding at the time of charge-sheeting and that co-accusers had similar bail applications rejected. The trial is pending with prosecution evidence examined against co-accused. The matter was disposed of on merits of ba
What did the court decide?
Bail application rejected; trial court directed to conclude trial expeditiously under Section 309 Cr.P.C.
What the court decided
Neutral Citation No. - 2023:AHC:105812
Court No. - 75
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6484 of 2023
Applicant :- Motar Shekh @ Moman @ Noman Opposite Party :- State of U.P. Counsel for Applicant :- Vinod Kumar,Sumit Kumar Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Sanjay Kumar Singh,J.
Heard learned counsel for the applicant, learned Additional Government Advocate representing the State.
By means of this application under Section 439 of Cr.P.C., applicant Motar Shekh @ Moman @ Noman, who is involved in Case Crime No. 454 of 2017, under Sections 376D, 302, 201 IPC, police station Thoothibari, district Maharajganj, seeks enlargement on bail during the pendency of trial.
As per prosecution case, in brief, informant Ram Achal Maurya lodged a first information report on 28.12.2017 against unknown person stating inter alia that on 23.12.2017, when no one was present in his house, his wife Tara Devi aged about 47-48 years, who was mentally sick, had gone somewhere. Effort was made to trace her out but today her dead-body was found in a forest area. During investigation, complicity of three persons, namely, Iliyas, Arman and Motor Shekh @ Moman @ Noman came into light.
Main substratum of argument of learned counsel for the applicant is that the applicant is not named in the F.I.R. On the basis of information of the informer, first of all, name of co-accused Arman surfaced in this case and thereafter, names of Iliyas and present applicant Motor Shekh @ Moman @ Noman have also came into light alongwith co-accused Arman. It is next submitted that till date, no prosecution witnesses has been examined in the trial of the applicant and complete chain of circumstantial evidence is missing, therefore, the applicant, who
Issues for consideration
3 issues framed by the court
Whether the applicant is entitled to bail during the pendency of trial in a case involving murder and rape under Sections 376D, 302, 201 IPC.
Whether the rejection of bail for co-accusers and the applicant's absconding injury his bail prospects.
Whether the trial court should be directed to conclude the trial expeditiously under Section 309 Cr.P.C.
Parties & counsel
- applicant
Motar Shekh @ Moman @ Noman
Coram
Sanjay Kumar Singh
Shubham Kumar Agrahari
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · May
- Registered
- Case no.
- BAIL/6484/2023
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