Bail application by Suraj Kumar in a murder case. The single judge considered arguments of innocence, length of custody, and lack of criminal history. The application was allowed.
Applicant released on bail on personal bond and two sureties with conditions including non-tampering with evidence and witnesses.
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. - 41 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 38947 of 2018 Applicant :- Suraj Kumar @ Pramod Kumar Yadav Opposite Party :- State Of U.P. Counsel for Applicant :- Ashok Kumar Singh,Madan Singh Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Heard learned counsel for the applicant, learned A.G.A for the State and perused the record.
According to prosecution case, F.I.R. was lodged on 3.8.2018 by the informant against four accused persons namely, Pintu Yadav (husband), Suraj (devar), Ramji (mother-in-law) and Poonam Yadav (nanad) alleging that the marriage of deceased was solemnized with Pintu Yadav before eight years back, on 31.7.2018 due to some dispute, they killed Jai Devi by throttling.
It is submitted by learned counsel for the applicant that applicant is the dever. The applicant is innocent and has been falsely implicated in the present case. There is general allegations against the applicant. Applicant is student and aged about 23 years. Offences levelled against the applicant are not attracted in the present matter. F.I.R. was lodged after four days of incident. He is languishing in jail since 4.8.2018 (more than two months) having no criminal history and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact as argued by learned counsel for the applicant and admitted that applicant has no criminal history.
Considering the submission of learned counsel for the parties, facts of the case, nature of allegation and period of custody, gravity of offence, without expressing any opinion on the merits of the case, the Court is of the opinion that it is a fit case for bail. Hence, the bail application is hereby allowed.
Let the applicant Suraj Kumar @ Pramod Kumar Yadav involved in Case Crime No. 285 of 2018, under Section 302 IPC, P.S. Gopiganj, District Bhadohi be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions:
2.The applicant will not pressurize/ intimidate the prosecution witness.
3.The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
4.The applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.
5.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.
In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.
Order Date :- 11.10.2018//A. Singh
1 issue framed by the court
Whether the bail application of the accused should be allowed considering his innocence, lack of criminal history, and gravity of offence.
Suraj Kumar @ Pramod Kumar Yadav
Aniruddha Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
