Dismissed¶17

Mukesh Kumar v. State of U.P. Thru. Its Prin.Secy. Home

Allahabad HC5 May 2025BAIL/4019/2024

Case brief

AI extract

What is this about?

Bail application rejected; murder u/s 302 I.P.C.; Case Crime No. 161 of 2023; P.S. Bewana, District Ambedkar Nagar; strangulation/antemortem throttling of Pancham on 27.10.2023; ligature mark 8cm X 1.5 cm above thyroid bone; ruptured trachea; fractured hyoid bone; asphyxia and shock; PW-2 Abhishek trial statement supported prosecution case; State counter affidavit with charge-sheet; applicant Mukesh Kumar; counsel Vishal Tripathi / A.G.A. Anurag Verma; Hon'ble Subhash Vidyarthi, J.; Allahabad High Court Lucknow Bench; order date 5.5.2025.

What did the court decide?

The facts of the present case do not warrant exercise of the discretion of this High Court by enlarging the applicant on bail. ¶16

Mukesh Kumar Vs State of U.P. Thru. Its… — Murder and Culpable Homicide | Allahabad HC (2025)

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Neutral Citation No. - 2025:AHC-LKO:25821

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Court No. - 15

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4019 of 2024

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Applicant :- Mukesh Kumar Opposite Party :- State Of U.P. Thru. Its Prin.Secy. Home Counsel for Applicant :- Iqbal Ahmad,Israr Siddiqui,Ranveer Singh Counsel for Opposite Party :- G.A.

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Hon'ble Subhash Vidyarthi,J.

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Heard Shri Vishal Tripathi, learned counsel for the applicant, Shri Anurag Verma, learned A.G.A. for the State and perused the records.

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The instant application has been filed seeking release of the applicant on bail in Case Crime No.161 of 2023 under Sections 302 I.P.C. registered at Police Station- Bewana, District- Ambedkar Nagar.

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The aforesaid case has been registered on the basis of an F.I.R. lodged on 28.10.2023 at about 04:30 hours stating that when the informant's son Pancham with one Abhishek were going from the old house to new house at about 10:00 PM on 27.10.2023, some altercation took place with the applicant, who resides in a house adjacent to the informant's house and the applicant strangulated Pancham. By the time the informant and Abhishek could reach to save the victim, he fell down and died. He was taken to CHC, Miranpur where the Doctor declared him dead.

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The postmortem examination report mentions-

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"Ligature mark (8cm X 1.5 cm) above thyroid bone.

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colour of mark- Brown

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Ligature mark situated from right ear lobule 10 cm and from left ear lobule 11 cm and from chino 8 cm"

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The postmortem report also mentions that Trachea was ruptured and hyoid bone was fractured. The cause of death has been opined to be Asphyxia and shock due to antemortem throttling.

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The State has filed a counter affidavit annexing therewith copies of material collected during investigation and a copy of the charge-sheet.

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A supplementary affidavit has been filed on behalf of the applicant annexing therewith copy of the statement of PW-2 Abhishek recorded by the trial Court and he has fully supported the prosecution case. No major discrepancy has come to light even in his cross-examination.

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Keeping in view the aforesaid facts, this Court is of the view that the facts of the present case do not warrant exercise of discretion of this Court by enlarging the applicant on bail.

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Accordingly, the bail application is rejected .

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[Subhash Vidyarthi, J.]

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Order Date :- 5.5.2025

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-Amit K-

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Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench

Mukesh Kumar v. State of U.P. Thru. Its Prin.Secy. Home

Case brief

What is this about?

What did the court decide?

Mukesh Kumar v. State of U.P. Thru. Its Prin.Secy. Home

Case brief

What is this about?

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