In bail application arising from murder case, court granted bail to applicant who had been in jail since June 2017 due to a non-appearance caused by his mother's illness. Court found him fit for bail despite serious charge.
Accused released on bail on personal bond and two sureties to satisfy the court.
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. - 7650 of 2018
Applicant :- Narad Nishad Opposite Party :- State Of U.P. Counsel for Applicant :- Sapan Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Dinesh Kumar Singh-I,J.
This bail application has been moved seeking bail in S.T. No.59 of 2009 arising out of Case Crime No.1810 of 2008 under sections 302/34 I.P.C., Police Station Khorabar, District Gorakhpur, during the pendency of trial.
It is contended by the learned counsel for the applicant that the accused was on bail since 28.9.2009 and was facing trial by appearing before the court consistently. He could not appear before the court on 2.8.2016 on account of his mother suffering from cancer and he being busy in her treatment. Therefore, NBW and processes under section 82/83 Cr.P.C. have been issued against him. He has remained in jail since 19.6.2017. He had not deliberately absented from facing trial. If he is released on bail he would never misuse the liberty of bail. He has no criminal history.
Learned A.G.A. has vehemently opposed the bail stating that he was arrested by police after a long absence.
Heard learned counsel for the applicant as well as learned AGA for the State and perused the material placed on record.
In the light of the aforesaid arguments, looking to the fact that he has been in jail since 19.6.2017. Prior to 2.8.2016 he was consistently appearing before the court to face trial and taking into consideration the nature of offence, quantum of punishment and period of detention in jail, without expressing any opinion on the merits of the case, it is found to be a fit case for bail.
Let the applicant Narad Nishad 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 :- 13.3.2018 AU
2 issues framed by the court
Whether the accused is fit for bail considering his consistent appearance prior to a health-related absence and subsequent issuance of non-bailable warrants.
Whether the criminal history and nature of the offence under Sections 302/34 IPC warrant the grant of bail to the applicant.
2 provisions across 2 enactments
Narad Nishad
Dinesh Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
