The High Court of Judicature at Allahabad rejected a bail application filed by the accused in a murder matter. The court held that the nature of allegations and gravity of the offence did not justify granting bail without expressing an opinion on the merits.
The bail application was rejected.
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:106944
Court No. - 79
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7873 of 2023
Applicant :- Abhishek Opposite Party :- State of U.P. Counsel for Applicant :- Mohammad Faisal Khan,Ram Yash Chauhan Counsel for Opposite Party :- G.A.
Hon'ble Mayank Kumar Jain,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
The present bail application has been filed on behalf of applicant in Case Crime No. 220 of 2022, under Sections 364, 302, 201 of IPC, Police Station Chhapar, District Muzaffarnagar with the prayer to enlarge the applicant on bail.
It has been argued by learned counsel for the applicant that applicant is innocent and he has been falsely implicated in the present case. It is submitted that it is a matter of honour killing. The deceased Sonia was in love with the applicant. The marriage of the deceased with the present applicant was performed on 15.10.2021 and it was registered with Vaidik Bharat Foundation and endorsement was made by Sonia that she was entering into contract of marriage at her own accord. It is submitted that no external or internal injury was found on the person of the deceased. It is further submitted that applicant is languishing in jail since 12.09.2022 having no criminal history and that in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
Per contra, the learned Additional Government Advocate has opposed the prayer for grant of bail and argued that the witnesses Sumit and Ashwani had seen the deceased in the company of the present applicant and it is the evidence of last seen together. It is submitted that on the pointing of the applicant mobile phone and slippers of the deceased were recovered. It is also submitted that during post mortem a fetus of about four months was found.
Considering the submissions of learned counsel for the parties,
nature of allegations and gravity of offence, without expressing any opinion on the merits of the case, the Court is of the opinion that no case for grant of bail is made out. Hence, the bail application is hereby rejected
Any observation made above shall not be treated as any finding on the merit and shall not prejudice the trial.
Order Date :- 17.5.2023 Mohit
Digitally signed by :- MOHIT KUMAR KUSHWAHA High Court of Judicature at Allahabad
2 issues framed by the court
Whether to grant bail in a case involving charges of murder under Section 302 IPC and kidnapping.
Whether the applicant's claim of innocence and the lack of injuries on the deceased warrant bail.
Abhishek
Hon'ble Mayank Kumar Jain
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
