Court allowed revised bail application in murder case. Granted bail subject to personal bond, two sureties, and strict conditions including appearance once a month and prohibition on tampering with evidence.
Applicant released on bail on furnishing personal bond and two sureties subject to four specific 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. - 46
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 33694 of 2015
Applicant :- Munna Nishad Opposite Party :- State Of U.P. Counsel for Applicant :- Vishesh Kumar,Raj Kumar Singh Counsel for Opposite Party :- Govt. Advocate
Hon'ble Naheed Ara Moonis,J.
Supplementary affidavit filed on behalf of the applicant is taken on record.
Second bail application has been filed on behalf of the applicant seeking bail in Case Crime No. 25 of 2013 under sections 147/148/304 IPC , Police Station Kareli, District Allahabad during the pendency of trial.The first bail application has been rejected on merit by another Bench on this Court vide order dated 14.5.2014.
Heard learned counsel for the applicant and learned AGA for the State and perused the material placed on record.
It is argued by the learned counsel for the applicant that the applicant is absolutely innocent and has been falsely implicated in the present case with some ulterior motive.There is material inconsistency in the prosecution version and the medical report.The trial is proceeding in a snail's pace. There are remote chances of trial being concluded in near future due to heavy dockets. No specific role has been assigned to the applicant. The applicant cannot be victimized for the non-appearance of the co-accused persons who are on bail. The applicant has been appearing before the trial on each and every date from jail. The applicant shall abide with the conditions stipulated by this Court. Co-accused persons have already been enlarged on bail way back on 9.4.2013.The life and liberty of the applicant cannot be abridged merely on suspicion. The applicant has been languishing in jail since having no criminal history to his credit deserves to be released on bail. In case the applicant is released on bail he will not misuse the liberty of bail.
Per contra learned A.G.A. opposed the bail prayer of the applicant contending that the first bail application was rejected after considering the merits of the case. The applicant has been assigned specific role of causing fatal and grievous injury to the victim as a result of which he succumbed to injuries. The innocence of the applicant cannot be adjudged at pre trial stage.
The role of the accused persons cannot be distinguished at this stage. The long incarceration of the applicant will not
soothe the gravamen of offence. The applicant is involved in the gruesome offence of taking away life of an innocent person hence the applicant does not deserve any indulgence.
Without expressing any opinion on the merits, it is provided that the applicant Munna Nishad involved in aforesaid crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions that :-
In case of breach of any of the above conditions, the prosecution shall be at liberty to move application for cancellation of bail.
Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 25.10.2018
Naim
1 issue framed by the court
Whether the applicant entitled to bail in murder case involving gruesome offence.
Munna Nishad
Naheed Ara Moonis
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
