Allowed

Harman Singh v. State of U.P.

Allahabad HC8 Oct 2018BAIL/38139/2018

Case brief

AI extract

What is this about?

Crim. Misc. Bail Application allowing bail to an applicant charged with murder and affray. The applicant claimed uncertainty about whose shot killed the deceased among multiple accused. The court granted bail without expressing a view on merits.

What did the court decide?

Released on bail with a personal bond and two sureties subject to conditions regarding attendance, non-adjournment of evidence, and misuse of liberty.

Harman Singh Vs State of U.P. — Murder and Culpable Homicide | Allahabad HC (2018)

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Court No. - 42

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 38139 of 2018

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Applicant :- Harman Singh Opposite Party :- State Of U.P. Counsel for Applicant :- Kamal Singh Counsel for Opposite Party :- G.A.

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Hon'ble Arvind Kumar Mishra-I,J.

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Heard learned counsel for the applicant as well as learned AGA for the State of U.P and perused the material available on record.

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It has been contended by counsel for the applicant that though the applicant has been named in the first information report but it is not specific whether the shot opened by the applicant in fact hit the deceased or not. Ante mortem injury shows that injury nos.1 and 2 are in the form of entry and exit wounds, injury no.3 is lacerated wound and injury no.4 is similarly lacerated wound. However, four person or more are alleged to have participated in the commission of the offence. It is not certain as to whose shot hit the deceased causing his death. Under similar circumstance, coaccused Ramesh has been admitted to bail by this Court vide order dated 27.09.2018 in Criminal Misc. Bail Application No.36369 of 2018. The applicant is languishing in jail since 03.02.2018.

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Learned AGA has opposed prayer for bail. However, learned AGA has not disputed the aforesaid facts.

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Without expressing any opinion on merits of the case but considering the facts and circumstances of the case, nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tampering with witness or apprehension of threat to the complainant and prima facie satisfaction of the Court in support of the charge, the applicant is entitled to be released on bail. Accordingly, bail application is allowed.

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Let the applicant Harnam Singh involved in Case Crime No.13 of 2018, under Sections 147, 148, 149, 307, 302, 504, 506 I.P.C., Police Station Kalpi, District Jalaun, 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 with the following conditions:-

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(i) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law.

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(ii) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code.

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(iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 174-A of the Indian Penal Code.

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(iv) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law.

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Order Date :- 8.10.2018

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rkg

Harman Singh v. State of U.P.

Case brief

What is this about?

What did the court decide?

Harman Singh v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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