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IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
SHEKHAR KUMAR YADAV
Akhlakh Ahmad @ Ekhlakh Ahmad – Appellant
Versus
State Of U.P. – Respondent
| Table of Content |
|---|
| 1. facts of the criminal case. (Para 1 , 2 , 3) |
| 2. defense argues absence of solid evidence. (Para 4 , 5) |
| 3. prosecution emphasizes severity of charges. (Para 6 , 7 , 8 , 9 , 10 , 11 , 12) |
| 4. arguments on common intention and influence. (Para 13 , 14 , 15 , 16) |
| 5. legal precedents for denying bail. (Para 17 , 18 , 19 , 20) |
| 6. court's consideration of community safety. (Para 21 , 22) |
| 7. corroboration of conspiracy allegations. (Para 24 , 25 , 31) |
| 8. evaluation of evidentiary materials. (Para 26 , 27 , 34 , 39 , 42) |
| 9. test for prima facie case in bail. (Para 28 , 29 , 32 , 40) |
| 10. court prioritizes public safety over bail. (Para 33 , 41 , 46 , 47 , 48 , 49) |
JUDGMENT :
SHEKHAR KUMAR YADAV, J.
1. Heard Mr Brijesh Sahai, learned Senior counsel assisted by Mr Bhavya Sahai, learned counsel appearing for the appellant, Mr Manish Goyal, learned Addl. Advocate General for the State assisted by Mr Rupak Chaubey, learned AGA-I, Mr Thakur Azad Singh, learned AGA, Mr Praveen Kumar Pandey, learned counsel for the informant and perused the record.
2. This criminal appeal is directed against the judgment and order dated 23.08.2023 passed by learned Special Judge, SC/ST Act, Prayagraj in Bail A
The court emphasized that in cases involving serious and heinous crimes, the interests of society must outweigh individual liberty when assessing bail applications.
Bail denied in murder case as driving co-accused to scene and fleeing infers common intention under Section 34 IPC despite no overt act, given offence gravity and punishment severity.
The decision emphasized the importance of considering the nature of the offence, severity of the punishment, and the likelihood of the accused interfering with the process of justice when deciding on....
The severity of the offence, the nature of the accusation, and the supporting evidence are crucial factors in determining whether a bail application should be granted.
The main legal point established in the judgment is the requirement of sufficient evidence to establish guilt, the interpretation of bail requirements under MCOCA, and the consideration of the appell....
The right to a speedy trial under Article 21 of the Constitution is fundamental, and undue delay in proceedings can justify bail even in serious offenses.
The main legal point established in the judgment is the need to crosscheck the truthfulness of allegations, the relevance of confessional statements made by co-accused in different cases, and the con....
The denial of bail was justified due to the serious nature of the charges, sufficient prima facie evidence, and the principle that mere delay in trial does not automatically entitle an accused to bai....
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