Ashok Kumar v. State of U.P. Thru. Prin. Secy. Home Lko.
Case brief
What is this about?
Bail application in a double-murder case where the applicant allegedly wielded a stick while co-accused used firearms. Bail was not decided; the trial court was directed to record evidence of all fact witnesses within two months and report the trial status on the next listing.
What the court decided
Court No. - 11
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3455 of 2024
Applicant :- Ashok Kumar Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Manoj Kumar Singh,Shailendra Pathak
Counsel for Opposite Party :- G.A.,Arvind Kumar Tiwari
Hon'ble Rajesh Singh Chauhan,J.
- Heard Shri Shailendra Pathak, learned counsel for the applicant, Shri Aniruddh Singh, learned A.G.A. and Shri Arvind Kumar Tiwari, learned counsel for the informant/ complainant.
- Counter Affidavit filed today by learned counsel for the informant/ complainant is taken on record.
- As per learned counsel for the applicant, the present applicant is in jail since 18.08.2023 in Case Crime No.201 of 2023, under Sections 147, 148, 149, 302, 307, 323, 325, 504 & 506 IPC and Section 7 Criminal Amendment Act and Section 3/30 Arms Act, Police Station- Ikauna, District- Shrawasti.
- Learned counsel for the applicant has submitted that the present applicant has been falsely implicated in the case as he has not committed any offence as alleged. Learned counsel has drawn attention of this Court towards the impugned FIR and various statement of witnesses, wherein it has been specifically indicated that the present applicant was not possessing any firearm and role attributed to him is possessing stick. As per postmortem report, the fatal injury caused by Alok Kumar and Shiv Kumar as both the aforesaid persons were possessing firearm, both the deceased persons died due to shock and haemorrhage due to ante-mortem firearm injury. He has also submitted that as a matter of fact, the real aggressors are the
Parties & counsel
- applicant
Ashok Kumar
- respondent
State Of U.P. Thru. Prin. Secy. Home Lko.
Coram
Rajesh Singh Chauhan
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · May
- Registered
- Case no.
- BAIL/3455/2024
All orders in this case
7 orders share this CNR
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