Single judge court granted bail in a murder case (IPC 304) to the accused Suraj, noting the FIR was lodged post-death without specifying his role, while he had no prior criminal history and had been detained since August 2017.
Application allowed; applicant released on personal bond and two sureties under specified 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. - 17
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6928 of 2018
Applicant :- Suraj @ Suryanath Opposite Party :- State Of U.P. Counsel for Applicant :- Chandra Prakash Misra Counsel for Opposite Party :- G.A.
Hon'ble Dinesh Kumar Singh-I,J.
Sri Ramesh Kumar Singh, Advocate holding brief of Sri Chandra Prakash Mishra, learned counsel for the applicant is present.
This application under Section 439 Cr.P.C. has been moved seeking bail in Case Crime No. 228 of 2017, under Sections 304 I.P.C., Police Station Trukpatti, District Kushinagar, during the pendency of trial.
As per FIR, the prosecution's case is that on 14.8.2017 at about 11:00 am due to dispute between children, the present accused along with two other accused had altercation with the complainant side and thereafter all the three accused all of a sudden came armed with lathi, danda and cricket bat and started beating complainant side. The complainant's mother and father were taken to hospital and after being given treatment, were referred to Gorakhpur, where father of the complainant succumbed to the injuries.
Learned counsel for the applicant contends that FIR in this case has been lodged after death of the father of the first informant that is, four days after the occurrence. There was no intention to kill the deceased. The fight had taken place between both the sides but none of them had lodged the FIR. It was only after the death of the father of the first informant that complainant has lodged this FIR. There is general role assigned to all the three accused of having beaten the deceased, which resulted in his death. No specific role has been assigned as to who in particular had caused the injuries, which proved fatal to the deceased. Applicant has no previous criminal history. The applicant is languishing in jail since 28.8.2017. If he is released on bail, he would not misuse the liberty.
Learned AGA has opposed the prayer of bail, but has not controverted the aforesaid fact and has argued that occipital bone fracture was found in the post-mortem which resulted in death of the deceased which was caused by all the three accused
together. There was sufficient explanation given of delay in lodging the FIR.
Heard learned counsel for the applicant and learned A.G.A. for the State and perused the record.
In the light of the aforesaid arguments, looking to the fact that FIR was lodged after the death of the deceased and that no specific role has been assigned to the present accused of having caused injuries to the deceased by a particular weapon, taking into consideration the quantum of punishment, nature of offence and period of detention, without expressing any opinion on the merits, this case is found to be a fit case for bail.
Let the applicant Suraj @ Suryanath 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, it shall be a ground 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 :- 7.3.2018 A.P. Pandey
2 issues framed by the court
Whether the present case is a fit case for bail under Section 439 Cr.P.C. considering the delay in FIR and the nature of offence.
Whether a specific role of the accused in causing fatal injuries to the deceased was established.
2 provisions across 2 enactments
Suraj @ Suryanath
Dinesh Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
