Allowed

Bhura v. State of U.P.

Allahabad HC12 Mar 2019BAIL/10587/2019

Case brief

AI extract

What is this about?

The Court allowed a bail application filed by Bhura in a murder case (Section 302 IPC). The applicant was accused but not named in the FIR initially. The Court found no evidence of misuse of liberty or criminal history and ordered his release subject to standard bail conditions.

What did the court decide?

The applicant Bhura is released on bail on furnishing a personal bond and two sureties each in the like amount subject to five standard conditions.

Bhura Vs State of U.P. — Murder and Culpable Homicide | Allahabad HC (2019)

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Court No. - 50

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 10587 of 2019

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Applicant :- Bhura Opposite Party :- State Of U.P. Counsel for Applicant :- Ajay Kumar Pathak Counsel for Opposite Party :- G.A.

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Hon'ble Aniruddha Singh,J.

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Heard learned counsel for the applicant, Sri H.P. Gupta, learned A.G.A for the State and perused the record.

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According to prosecution case, F.I.R. was lodged on 6.10.2018 (after two days of incident) against three accused persons, namely Sunil Kumar, Surjeet, Omprakash and two unknown persons alleging that on 4.10.2018 they killed Chandra Mohan @ Guddu Chaudhary. During investigation, the name of Bhura and Lata (wife of deceased) was surfaced and it was found that there is illicit relation between Lata and Sunil due to which Sunil killed Chandra Mohan @ Guddu Chaudhary with the help of other accused persons. Main role of assault was assigned to coaccused Sunil and Omprakash.

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It is submitted by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. Applicant was not named in the F.I.R. During investigation, the name of the applicant was surfaced after thought and due legal consultation. Main role of assaulted was assigned to co-accused Sunil and Omprakash. The case of applicant is distinguishable from co-accused Suinl and Omprakash. There is no independent witness and no legal evidence against the applicant. There is no eye witness account. Offences levelled against the applicant are not attracted in the present case. He is languishing in jail since 6.10.2018 (more than five 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.

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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.

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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.

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Let applicant Bhura involved in Case Crime No. 595 of 2018, under Sections 302, 201, 120-B/34 IPC, Police Station

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Sasni Kotwali, District Hathras 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:

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The applicant will not tamper with the evidence during the trial.

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2.The applicant will not pressurize/ intimidate the prosecution witness.

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3.The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.

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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.

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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.

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In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.

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Order Date :- 12.3.2019 A. Singh

Bhura v. State of U.P.

Case brief

What is this about?

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Bhura v. State of U.P.

Case brief

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