In a criminal bail application under Section 438 Cr.P.C., the High Court granted bail to Muralidhar accused in a dacoity case, noting his non-inclusion in the FIR and sick condition, subject to standard conditions.
Released on bail under Sections 396, 412, 120-B IPC after furnishing a personal bond and two sureties.
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. - 45
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11980 of 2018
Applicant :- Muralidhar Opposite Party :- State Of U.P. Counsel for Applicant :- Abdul Khalik Counsel for Opposite Party :- G.A.
Hon'ble Harsh Kumar,J.
Heard learned counsel for applicant, learned A.G.A. and perused the record.
Learned counsel for applicant contended that applicant is not named in F.I.R. and has been falsely implicated subsequently on the basis of disclosure statement made by co-accused Jai Prakash after 12 days of incident; that as per averments made in F.I.R. lodged by Purshotam on 27.10.2017, in the night of 26/27.10.2017 between 1-2 a.m. certain dacoits entered in his house and committed dacoity by taking away Rs.2 Lakhs cash and ornaments of gold and silver worth Rs.20 Lakhs and during dacoity, dacoits caused fire arm injuries to Ladwati, Vishwanath and Reena and due to fire arm injuries caused by dacoits his wife Ladwati and son Vishwanath died; that on 9.11.2017 confessional statement of co-accused Jai Prakash was recorded in police custody wherein he stated that he has a gang of several persons and after committing dacoity at two houses in the night of 26/27.10.2017 they caused fire arm injuries to certain persons and on the date of incident in village Noorpur (where the incident did take place) he and his associates were provided with food by applicant who also dropped them upto Nagla Kazi; that confessional statement of co-accused is not binding on applicant; that applicant has no concern with Jai Prakash or his associates and he neither provided any food to Jai Prakash and his associates nor dropped him at any point; that in the offence of dacoity no role is alleged to have been played by applicant; that applicant is an old and sick person; that applicant has no criminal history; that applicant undertakes that he will not misuse liberty of bail; that applicant is in custody since 8.11.2017.
Learned A.G.A. vehemently opposed prayer of bail.
Upon hearing learned counsel and perusal of record and considering complicity of accused, severity of punishment as well as totality of facts and circumstances, at this stage without commenting on the merits of the case, I find it a fit case for bail.
Let applicant Muralidhar be released on bail in Case Crime No.0226 of 2017, under Sections 396, 412, 120-B I.P.C., P.S.
Sakeet Etah, District Etah, on furnishing a personal bond and two sureties each in the like amount to satisfaction of magistrate/court concerned, subject to following conditions:-
(i) The applicant will co-operate with trial and remain present personally on each and every date fixed for framing of charge, recording of evidence as well as recording of statement under Section 313 Cr.P.C. or through counsel on other dates and in case of absence without sufficient cause, it will be deemed that he is abusing the liberty of bail enabling the court concerned to take necessary action in accordance with the provisions of Section 82 Cr.P.C. or Sections 174A and 229A I.P.C.
(ii) The applicant will not tamper with the prosecution evidence and will not delay the disposal of trial in any manner whatsoever.
(iii) The applicant will not indulge in any unlawful activities.
The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.
Order Date :- 1.4.2019 Kpy
1 issue framed by the court
Whether the applicant, falsely implicated in a dacoity case based on a co-accused's disclosure statement, is eligible for bail.
Muralidhar
Harsh Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
