Search Results Page

Search Results

1 - 7 of 7 (0.55 seconds)
Documents citing Brajesh Kumar vs State Of U.P. And Others on 19 February, 2016

Brijesh vs State Of U.P. on 7 August, 2024

10. Per contra, the learned A.G.A. for State has opposed the prayer for bail. He submits that since the applicant is a named as well as charge-sheet accused, therefore he does not deserve any indulgence by this Court. The issue as to whether any false promise of marriage was made by applicant or not is a question of fact which can be more appropriately decided during the course of trial. He further submits that as per the scheme of the Code of Criminal Procedure, the statement under Section 164 Cr.P.C. has to be given preference over the statement under Section 161 Cr.PC. The prosecutrix in her said statement has clearly implicated the applicant in the crime in question on the false promise of marriage. He submits that in view of above and the law laid down by Apex Court in the following judgments:-(i).
Allahabad High Court Cites 18 - Cited by 0 - R Misra - Full Document

Mukesh Bhatnagar vs State Of U.P. Thru. Prin. Secy. Deptt. Of ... on 3 April, 2019

It appears that the weightage was not given to the entries of the recent past years and the entries which ought not to have been given weightage or ought not to have been taken into account i.e. entries prior to order of confirmation dated 03.12.2012, have been taken into account while passing the order impugned dated 05.09.2017 and being so, the Competent Authority or Screening Committee acted in violation of principle settled in para 34 (iv) of the judgment passed by the Hon'ble Apex Court in the case of Baikuntha Nath Das (supra) and the judgment passed by the Division Bench of this Court in the case of Brajesh Kumar (supra).
Allahabad High Court Cites 4 - Cited by 0 - S Lavania - Full Document

Vijendra Singh vs State Of U.P. on 4 January, 2021

Learned counsel for the applicant argued that the applicant is not named in the first information report. He has argued that a person Vijendra who is the son of late Ram Prasad is an accused who has been named in the first information report but the applicant is Vijendra Singh son of Babu Singh who is not named therein. It is argued that subsequently in the second statement of the first informant Smt. Gunjan Verma a copy of the statement annexed as annexure no. 6, it was for the first time she has named the applicant and co-accused Brijesh and two persons who came to her and have given an extra judicial confession to her of getting the murder done in conspiracy from Raj Kumar and Ashu by paying Rs. 3 laks. It is further argued that two other persons namely Surya Pratap and Surendra Singh were interrogated by Investigating Officer who have also stated that the applicant and co-accused Brajesh had given their extra judicial confession to them. It is further argued that there is no recovery of any incriminating material either from the pointing out or possession of the applicant. The Doctor conducted the postmortem examination on 29.07.2020 and has opined that the death was about two days back. Further, learned counsel for the applicant argued that co-accused Brajesh whose case is identical to that from the applicant has been granted bail by a co-ordinate Bench of this Court vide order dated 26.11.2020 passed in Criminal Mics. Bail Application No. 42226 of 2020 (Brajesh Vs. State of U.P.) a copy of the order has been placed before the court which is taken on record. It is argued that the applicant has no criminal history as stated in para 13 of the affidavit and is in jail since 21.08.2020.
Allahabad High Court Cites 9 - Cited by 0 - S Gopal - Full Document

Suman Lata vs State Of U P And 4 Others on 17 August, 2023

Learned Standing Counsel has also placed the order of the Co-ordinate Bench of this Court passed Writ-C No.13604 of 2023 (Brajesh Kumar vs. State of U.P. and 3 Others) wherein recovery citation dated 31.05.2022 issued against Brajesh Kumar, was challenged. In the aforesaid writ petition, the Division Bench of this Court finding no illegality in the recovery citation has dismissed the writ petition vide order dated 24.04.2023.
Allahabad High Court Cites 1 - Cited by 0 - M R Chauhan - Full Document

Jasoda Devi vs State Of U.P. And 4 Others on 17 August, 2023

Learned Standing Counsel has also placed the order of the Co-ordinate Bench of this Court passed Writ-C No.13604 of 2023 (Brajesh Kumar vs. State of U.P. and 3 Others) wherein recovery citation dated 31.05.2022 issued against Brajesh Kumar, was challenged. In the aforesaid writ petition, the Division Bench of this Court finding no illegality in the recovery citation has dismissed the writ petition vide order dated 24.04.2023.
Allahabad High Court Cites 1 - Cited by 0 - M R Chauhan - Full Document
1