In this bail application, the applicant argued for release after four years in jail. The court dismissed the plea, characterizing the case as heinous murder involving an assault weapon, noting that prior witness statements had already been considered.
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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
1 issue framed by the court
Whether the applicant is entitled to bail after being in jail for over four years 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
Judgements on the same questions, provisions and authorities, from every court
