Afjal v. State Of Uttarakhand
Case brief
What is this about?
The Court in this second bail application rejected the bail plea of the applicant facing charges for murder. The Court found the bail not fit considering the applicant lodged a false FIR to conceal her crime and call records indicated her presence with another man prior to the incident.
What did the court decide?
Bail application rejected; applicant denied release.
What the court decided
A compact analysis
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
HIGH COURT OF UTTARAKHAND AT NAINITAL
Second Bail Application No. 147 of 2021
Nisha Yadev Alias Nishu ...Applicant
Versus
State of Uttarakhand ….Respondent
Present:Mr. Rajveer Singh and Mr. D.K. Tyagi , Advocates for the applicant. Mr. Lalit Miglani, A.G.A. for the State.
Hon’ble Ravindra Maithani, J. (Oral)
Applicant Nisha Yadav @ Nishu is in judicial custody in FIR No. 132 of 2021, under Sections 302, 120 B IPC, Police Station – Rudrapur, District Udham Singh Nagar. She has sought her release on bail.
- Heard learned counsel for the parties and perused the record.
- This is second bail application. The first bail application of the applicant was dismissed in non prosecution.
- FIR in the instant case was lodged by the applicant herself under Section 302 IPC on 01.03.2021 at
Issues for consideration
2 issues framed by the court
Whether bail should be granted to the applicant charged under Section 302 IPC and 120 B IPC in a case where the FIR was lodged by the applicant herself allegedly to conceal a crime.
What inference can be drawn from call detail records showing the applicant's constant touch with a man she had an illicit relationship with, regarding her presence at the scene and motive.
Parties & counsel
- applicant
Nisha Yadav Alias Nishu Nisha Yadev
- respondent
State of Uttarakhand
Coram
Ravindra Maithani
Case details
As recorded by the court registry
- Court
- Uttarakhand HC
- Decided on
- · December
- Registered
- Case no.
- CRJA/15/2018
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