The court dismissed the second bail application in a murder case. It held that the crime was heinous, the first bail plea was rejected based on examination of eye witnesses, and a period of four years does not warrant release.
Bail application dismissed; applicant remains in jail.
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Neutral Citation No. - 2024:AHC-LKO:73999
Court No. - 28
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7885 of 2024
Applicant :- Rahul Kumar Rawat Opposite Party :- State Of U.P. Thru. Prin.Secy. Home Lko Counsel for Applicant :- Kaushal Tiwari Counsel for Opposite Party :- G.A.,Beant Singh,Pravin Kumar Verma
Hon'ble Brij Raj Singh,J.
Supplementary affidavit has been filed, which is taken on record.
This is second bail application. The first bail application was rejected.
Learned counsel for the applicant has submitted that the applicant is in jail for more than four years and fact witness have been examined, therefore, the applicant is entitled for bail.
On the other hand, learned A.G.A. has submitted that first bail application was rejected after considering the statements of P.W.1 and P.W.2, who are the eye witnesses and they have supported the prosecution case before the trial court. The applicant has been assigned the role of assaulting the deceased with Belcha.
Looking into the overall facts and circumstances of the case, this court is of the view that heinous crime, in which murder has taken place; argument that statements of witnesses P.W.1 and P.W.2 have already been considered in the rejection order dated 26.07.2023 and only four years period has been undergone by the applicant in jail, the application deserves to be dismissed. The application is accordingly dismissed .
( Brij Raj Singh, J. )
Order Date :- 7.11.2024 A.Nigam
Digitally signed by :- ANUJ NIGAM High Court of Judicature at Allahabad, Lucknow Bench
2 issues framed by the court
Whether bail is grantable to the applicant after four years of detention given the rejection of the first application and examination of eye witnesses.
Whether the submission that the application period exceeds four years and witnesses are examined is sufficient ground for bail in a murder case.
Rahul Kumar Rawat
State Of U.P.
Brij Raj Singh
As recorded by the court registry
4 orders share this CNR
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