This order granted bail to an applicant charged with murder under Section 302 IPC, noting the lack of independent witness, alleged delayed FIR, and period of custody, while imposing standard bail conditions.
Release on bail via personal bond and two sureties subject to standard bail conditions.
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Court No. - 50
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 45104 of 2018
Applicant :- Vipin @ Shempu Opposite Party :- State Of U.P. Counsel for Applicant :- Jagdev 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, one dead-body in sugarcane field of the complainant was found on 25.6.2018 and entry was made in G.D. on 25.6.2018. Later on, 11.7.2018 the F.I.R. was lodged by Preetam Singh, brother of the deceased, alleging that on 24.6.2018 night he had seen the applicant with the deceased in drunken position quarrelling with each other, hence the applicant was roped in this case on the basis of recovery of bricks in open place without independent witness.
Learned counsel for the applicant submitted that applicant applicant is languishing in jail since 13.7.2018 (more than four months); one case of criminal history has been explained; the applicant is innocent and has been falsely implicated in the present case; there was no intention or knowledge or motive to kill the deceased; according to prosecution case only one injury was found on the body of the deceased; the deceased received injury due to fall in drunken position; F.I.R was lodged after seventeen days of the incident after thought and with due legal consultation and on the basis of suspicion only the applicant was roped in this case; there is no independent witness 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 there is independent witness and the recovery of so called bricks was made on the pointing out of the applicant.
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 Vipin @ Shempu involved in Case Crime No.
238 of 2018, under Section 302 IPC, Police Station-Haldaur, District-Bijnor 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 :- 30.11.2018 OP
2 issues framed by the court
Whether the applicant should be granted bail in a murder case implicating him based on recovery of bricks without independent witness.
Whether the prolonged period of custody and lack of grave circumstances warrant release on bail.
Vipin @ Shempu
Aniruddha Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
