In a bail application under Section 439 CrPC, the Court, noting the existence of a cross-case file and the applicant's lack of criminal history, held that it was a fit case for bail and allowed the application.
Bail allowed on a personal bond and two sureties in like amount, subject to the usual and printed 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. - 44
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14898 of 2019
Applicant :- Shivshankar Opposite Party :- State Of U.P. Counsel for Applicant :- Suresh Kumar Singh,P.K. Singh Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Heard Sri P.K. Singh, learned counsel for the applicant, Sri C.P. Singh, learned A.G.A for the State and perused the record.
According to prosecution case, F.I.R. was lodged on 18.12.2018 at 16.30 hours against four accused persons, namely Shivshankar, Dharmendra Kumar, Dheeraj Kumar and Durgesh Kumar alleging that on 17.12.2018 at 7 p.m. they assaulted Dinesh Kumar Patel with sharp-edge weapon, he received four injuries, resultantly died.
It is submitted by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. One F.I.R. was also lodged on 18.12.2018 at 3.14 hours by co-accused Dhiraj Kumar as Case Crime No. 576 of 2018 against Dinesh Kumar Patel (deceased) alleging that on 17.12.2018 at 21.30 hours Dinesh Kumar Patel entered into the house of complainant; family members of complainant objected him; he try to fled away and attempt to assault the family members of complainant. Hence family members of complainant and villagers assaulted him, received injuries and died. There is cross case. It was a case of sudden fight and incident has taken place in spur of moment. At this stage, it is not possible to decide who is the aggressor. Deceased Dinesh Kumar Patel was a criminal person and having criminal history for the offence under Section 302 IPC. Offences levelled against the applicant are not attracted in the present case. He is languishing in jail since 21.12.2018 (more than three and half 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.
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.
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.
Let applicant Shivshankar involved in Case Crime No. 578 of 2018, under Sections 304, 504, 506 IPC, Police Station Koraon, District Allahabad 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:
2.The applicant will not pressurize/ intimidate the prosecution witness.
3.The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
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.
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.
In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.
Order Date :- 10.4.2019 A. Singh
2 issues framed by the court
Whether bail should be granted to the applicant in a case involving alleged culpable homicide/assault resulting in death.
Whether the facts presented show a fit case for bail considering the nature of allegations and period of custody.
Shivshankar
Aniruddha Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
