Ravi v. State of U.P.
Case brief
What is this about?
Criminal Misc. Bail Application allowed in a murder case pending for over four months. The court admitted no legal evidence existed and the FIR was late, deciding the case was fit for bail enforcement.
What did the court decide?
Released on bail by furnishing a personal bond and two sureties subject to conditions not to tamper with evidence, intimidate witnesses or commit similar offences.
What the court decided
Court No. - 50
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 45296 of 2018
Applicant :- Ravi Opposite Party :- State Of U.P. Counsel for Applicant :- Prakash Chandra Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Vakalatnama filed today by Sri Ishwar Chandra Tyagi, Advocate on behalf of complainant is taken on record.
Supplementary affidavit filed today is taken on record.
Heard learned counsel for the applicant, learned counsel for the complainant as well as learned A.G.A for the State and perused the record.
According to prosecution case, F.I.R. was lodged 19.7.2018 at 6.40 a.m. against five accused persons, namely Rajesh, Satyaprakash, Surendra, Naresh, Ravi alleging that on 18.7.2018 at 11 p.m. night they assaulted Lokesh Kumar, he received four incised wound, due to bleeding died.
It is submitted by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. F.I.R. was lodged second day of incident. Complainant has seen accused persons fled away from place of occurrence at 11 p.m. but no F.I.R. was lodged immediately. Distance between place of occurrence and police station is about eight kilometres. The story narrated by the complainant appears to be false, fabricate and unnatural. Offences levelled against the applicant are not attracted in the present case. Nothing was recovered from the possession/pointing out of applicant. There are general allegations against all accused persons. There is no legal evidence against the applicant and FIR was lodged only on the basis of suspicion due to previous enmity. There is no legal evidence. He is languishing in jail since 21.7.2018 (more than four and half month) 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.
Issues for consideration
2 issues framed by the court
Whether bail is maintainable in a case involving murder charges under Section 302 IPC when there is no legal evidence and the FIR was lodged second day after the incident?
Whether the applicant, having no criminal history and being falsely implicated, should be released on bail?
Parties & counsel
- applicant
Ravi
- respondent
State Of U.P.
Coram
Aniruddha Singh
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · December
- Registered
- Case no.
- BAIL/45296/2018
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