Ashish Kumar v. State of U.P.
Case brief
What is this about?
In a bail application filed under Section 439 Cr.P.C., the Allahabad High Court rejected the prayer for release as the trial has proceeded to an advanced stage having examination of six out of eight prosecution witnesses. The court directed the trial court to conclude the trial expeditiously.
What did the court decide?
Bail application rejected; trial directed to be concluded expeditiously.
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:109483
Court No. - 75
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8907 of 2022
Applicant :- Ashish Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Vinay Singh,Chandra Shekher Singh Counsel for Opposite Party :- G.A.
Hon'ble Sanjay Kumar Singh,J.
Heard learned counsel for the applicant as well as learned Additional Government Advocate representing the State.
By means of this application under Section 439 of Cr.P.C., applicant-Ashish Kumar, who is involved in Case Crime No. 406 of 2020, under Sections 306, 504, 506 of I.P.C. and Section 67 of Information Technology Act, Police Station-Gopiganj, DistrictBhadohi, seeks enlargement on bail during the pendency of trial.
In this case the First Information Report was lodged on 04.11.2020 with regard to the incident which took place on 05.08.2020 against three named accused persons, namely, Poonam, Ashish Kumar Yadav (present applicant), Bechulal, and one unknown person through an application under Section 156(3) Cr.P.C.
The main substratum of argument of learned counsel for the applicant is that the F.I.R. has been lodged after delay of three months. The applicant is languishing in jail since 24.05.2021 but his trial has not yet been concluded, therefore, the applicant may be enlarged on bail.
Issues for consideration
2 issues framed by the court
Whether the applicant, an accused in a murder and criminal conspiracy case, is entitled to bail at an advanced stage of trial where most prosecution witnesses have been examined.
Whether the trial court should be directed to conclude the trial expeditiously under Section 309 Cr.P.C. considering the prolonged detention of the applicant.
Parties & counsel
- applicant
Ashish Kumar
- respondent
State of U.P.
Coram
Sanjay Kumar Singh
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · May
- Registered
- Case no.
- BAIL/8907/2022
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