Dismissed

Adesh Singh @ Jeetu v. State of U.P. Thru. Prin. Secy. Home U.P. Lko.

Allahabad HC18 Nov 2024BAIL/9748/2024

Case brief

AI extract

What is this about?

Third bail application under Section 439 Cr.P.C. for a 2021 honour-killing murder in Lucknow, where an eye witness assigned the assault role to the applicant during trial. Considering corroborated prosecution witnesses and the applicant's role in the fatal beating, the court found it unfit for bail and rejected the application.

What the court decided

AI extract

Adesh Singh @ Jeetu Vs State of U.P. Thru. Prin. Secy… — Dowry and Cruelty | Allahabad HC (2024)

¶1

Neutral Citation No. - 2024:AHC-LKO:75811

¶2

Court No. - 28

¶3

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9748 of 2024

¶4

Applicant :- Adesh Singh @ Jeetu Opposite Party :- State Of U.P. Thru. Prin. Secy. Home U.P. Lko. Counsel for Applicant :- Badri Prasad Singh,Nitin Padmesh Mishra Counsel for Opposite Party :- G.A.,Praveen Singh,Rajesh Kumar Srivastava

¶5

Hon'ble Brij Raj Singh, J.

¶6

Heard Sri Badri Prasad Singh, learned counsel for the applicant, Sri Rajdeep Singh, learned A.G.A.-1 and Sri Rajesh Kumar Srivastava, learned counsel fr the complainant and perused the record.

¶7

This is the third bail application. First and second bail applications were rejected by this Court vide orders dated 16.11.2022 and 06.10.2023 passed in Criminal Misc. Bail Application Nos.6199 of 2022 and 11940 of 2023 respectively.

¶8

The present application under Section 439 Cr.P.C. has been filed seeking bail in FIR/Case Crime No.139 of 2021, under Sections 302, 323, 364 and 120-B IPC, Police Station Aliganj, District Lucknow North, Commissionerate, Lucknow.

¶9

Learned counsel for the applicant submits that P.W.3, Pankaj Sharma has been examined by the trial court and he did not identify the applicant in his cross-examination though he is an eye witness of the incident. He further submits that other fact witness i.e. P.W.-3 Vivek Shukla is relative of the deceased and that is why he has made allegation against the applicant. He also submits that there are only two eye witnesses of the incident and other witnesses are not the eye witnesses of the incident.

¶10

On the other hand, Sri Rajesh Kumar Srivastava, learned counsel for the complainant has submitted that

¶11

P.W.-2, Vivek Shukla has assigned the role of assault against the applicant and he has deposed before the court that applicant and other accused came to the place of incident and they had beaten the deceased with stick and bat. The post-mortem report indicates multiple injuries on the body of the deceased and it is a honour killing. He has further submitted that statements of other fact witnesses i.e. P.Ws.1 and 4 have also corroborated the prosecution case in their cross-examination before the trial court.

¶12

Learned AGA has also opposed the prayer for bail and has submitted that it is a case of honour killing and the deceased was brutally beaten by the applicant and other accused, who succumbed out of the injuries caused by them.

¶13

Considering the above facts and circumstances of the case; looking to the statement of P.W.-2, Vivek Shukla, wherein it is stated that applicant had assaulted the deceased, the argument that statements of other witnesses P.Ws.1 and 4 have also corroborated the prosecution case before the trial court, this Court does not find it to be a fit case for bail.

¶14

Third bail application is accordingly rejected.

¶15

¶16

(Brij Raj Singh, J.)

¶17

Order Date :- 18.11.2024 Rao/-

¶18

Digitally signed by :- CHEBROLU SRINIVASA RAO High Court of Judicature at Allahabad, Lucknow Bench

Adesh Singh @ Jeetu v. State of U.P. Thru. Prin. Secy. Home U.P. Lko.

Case brief

What is this about?

What the court decided

Adesh Singh @ Jeetu v. State of U.P. Thru. Prin. Secy. Home U.P. Lko.

Case brief

What is this about?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

All orders in this case

Similar cases

Shekhar Singh vs State of U.P. Thru. Prin. Secy. Home Lko. and Another

Kaushalendra Pratap Singh and Another vs State of U.P. Thru. Prin. Secy. Home Lko. and Another

State of U.P. Thru. Prin. Secy. Home Lko. vs Shiv Pujan and 4 Others

Karan vs State of U.P. Thru. Prin. Secy. Home Lko.

Farzana Tabassum Rahmani ( in Fir Farzana Tabassum) vs State of U.P. Thru. Secy. Home Lko. and Another

Mahesh Singh vs State of U.P. Thru. Prin. Secy. Home Deptt. Lko and Another