Suresh v. State of U.P. Thru. Prin. Secy. Home Lko
Case brief
What is this about?
Bail application rejected in murder case where applicant alleged to have killed brother. Directed trial court to expedite trial and record witness statements within three months. Applicant may reapply bail thereafter.
What did the court decide?
Bail denied; trial expedited; witness statements recorded within three months; liberty to reapply bail after statement recording.
What the court decided
Neutral Citation No. - 2024:AHC-LKO:47257
Court No. - 12
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3950 of 2024
Applicant :- Suresh Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko Counsel for Applicant :- Umang Agarwal Counsel for Opposite Party :- G.A.
Hon'ble Pankaj Bhatia,J.
- Heard learned counsel for the applicant and learned A.G.A.
- In terms of the F.I.R. lodged on 10.3.2020, it was alleged that the informant had gone out of home to the matrimonial house of the daughter of the informant and two sons of the informant were at home. It was further stated that the applicant who is the second son of the informant was habitual of taking intoxicants and used to misbehave at home and had sold off his share of property. It was also stated that he used to demand a lot of money and the applicant used to threaten to kill his younger brother and when on 9.3.2020, the informant came back to home, both the sons were missing and subsequently, on 10.3.2020 when the house was clean, underneath the bed, a duly dug pit in which elder son of the informant was buried and the applicant who is the younger son of the informant was missing. It was alleged that the applicant had committed the offence alongwith other co accused and had buried the body at home.
- Learned counsel for the applicant argued that the applicant is in custody since 15.3.2020. He further argued that there are no eye witness to the incident.
Issues for consideration
3 issues framed by the court
Whether bail should be granted to an accused charged with killing his brother and burying the body.
Whether the trial court is directed to expedite the recording of witness statements.
Whether the applicant is permitted to revive the bail application after statement recording.
Parties & counsel
- applicant
Suresh
Coram
Pankaj Bhatia
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · July
- Registered
- Case no.
- /3950/2024
All orders in this case
3 orders share this CNR
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