In a bail application under Section 302 IPC, the court considered the applicant's claim of innocence, lack of prior record, and disputed evidence. Finding the nature of the offence and totality of circumstances warranted it, the court granted bail.
Released on personal bond and two sureties in the same amount, subject to attendance and non-interference conditions.
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.
Court No. - 43
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1848 of 2015
Applicant :- Dharamveer Opposite Party :- State Of U.P. Counsel for Applicant :- Surendra Nath Tripathi Counsel for Opposite Party :- Govt. Advocate
Hon'ble Pradeep Kumar Singh Baghel,J.
By means of this application, the applicant who is involved in Case Crime No. 116 of 2014, under section 302 I.P.C., P.S. Patwai, district-Rampur and is in jail since 05.05.2014, is seeking enlargement on bail during the trial.
Learned counsel for the applicant submitted that father of the applicant was living happily with him and he was done to death by unknown person while he was sleeping in Veranda of the house. He next submitted that the applicant was not named in the F.I.R. The F.I.R. was lodged by his younger brother after two days of the alleged occurrence and in the said F.I.R. he has not expressed any suspicion against the applicant. He also submitted that the recovery of knife on the pointing out of the applicant which has been fabricated by the police. He also submitted that the father of the applicant was living with him and it is on the record that he had partitioned his property amongst the three brothers.
He lastly submitted that the applicant, who is in jail since 05.05.2014, has no criminal antecedents to his credit is entitled to be enlarged on bail during pendency of the trial.
Learned A.G.A. has filed counter affidavit in the Court today which is taken on record. He has vehemently opposed the prayer for bail. However, he does not dispute the fact that father of the applicant was living with him and it is on the record that he has partitioned his property amongst the three brothers.
I have heard the learned counsel on either side at length.
Having regard to nature of offence and totality of circumstances, this Court is of the view that the applicant is entitled to be enlarged on bail during the pendency of the trial.
Let the applicant, Dharamveer be released on bail on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned in Case Crime No. 116 of 2014, under section 302 I.P.C., P.S. Patwai, district-Rampur subject to the following conditions:-
(a) The applicant shall attend the court according to the conditions of the bond executed by him.
(b) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.
Order Date :- 5.1.2018 Faridul
2 issues framed by the court
Whether the applicant, charged with murder and in jail since the occurrence, is entitled to be enlarged on bail during the pendency of the trial given his lack of criminal antecedents and disputed evi
Whether the recovery of the murder weapon by police pointing out by the applicant is genuine or fabricated.
Dharamveer
Pradeep Kumar Singh Baghel
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
