The High Court of Judicature at Allahabad rejected a bail application filed by Kanhaiya Awasthi in a murder trial. The court held that the applicant was not entitled to bail as he had been convicted of an offence during the course of his previous probation.
Prayer to enlarge the applicant on bail 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. - 2024:AHC-LKO:31734
Court No. - 8
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1545 of 2024
Applicant :- Kanhaiya Awasthi Opposite Party :- State Of U.P. Thru. Its Addl. Secy. Home, Lucknow
Counsel for Applicant :- Ravi Singh,Raghvendra Singh Counsel for Opposite Party :- G.A.,B M Sahai
Hon'ble Rajeev Singh,J.
submits that aforesaid first bail application of the applicant was rejected on the ground that detail of the criminal antecedent was not properly explained. He further submits that the applicant is aged about 45 years and criminal antecedents are explained in paragraph no. 51 of the affidavit filed in support of this third bail application. He further submits that father of the applicant was murdered on 01.05.2013, thereafter, he was implicated in the cases by rivals only with the intention to harass him and he has been implicated in 13 cases till today and in 04 cases, final report has been submitted by the Investigating Officer, out of which, he has been convicted in 01 case for the offense under Section 324 I.P.C., in that case, he has been released on probation and he is on bail in rest of the cases.
applicant's involvement was found in 02 other cases. The applicant is already convicted in one case and during the course of probation, his involvement was found in some criminal cases, therefore, the claim of parity is not applicable in the case of the applicant.
Order Date :- 23.4.2024 Arpan
Digitally signed by :- ARPAN High Court of Judicature at Allahabad, Lucknow Bench
1 issue framed by the court
Whether bail should be granted to the applicant who has been convicted of an offence during his previous probation.
2 provisions across 2 enactments
Kanhaiya Awasthi
Rajeev Singh
As recorded by the court registry
6 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
Rajeev Singh
Parties & counsel
