In a bail application under U.P. Criminal Misc. Bail Application No. 2582 of 2019, the court granted bail to the accused despite the gravity of the murder charge, finding it fit to release him subject to strict conditions.
Application allowed; applicant released on bail with personal bond and two sureties subject to 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. - 45
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2582 of 2019
Applicant :- Dinesh Pandey Opposite Party :- State Of U.P. Counsel for Applicant :- Vidya Bhaskar Singh Counsel for Opposite Party :- G.A.
Hon'ble Harsh Kumar,J.
Vakalatnama filed by Sri Om Narayan Pandey, Advocate on behalf of first informant is taken on record.
Heard learned counsel for the applicant, learned counsel for the first informant, learned A.G.A. and perused the record.
Learned counsel for the applicant contends that applicant has been falsely implicated on the basis of suspicion; that as per prosecution case in F.I.R. dated 31.7.2018 Sandeep, 23 years old son of first informant had gone to co-accused Ram Naresh at 9:00 a.m. on 30.7.2018 and when did not return, after search he lodged a missing report at P.S. Allhaganj and thereafter his son Ajay Pratap Singh informed him on phone that dead body of Sandeep is lying in Sanda Nala; that it is also mentioned in F.I.R. that co-accused Girja Shanker Pandey and Ramesh Pandey committed mar-pit with him about six months back and threatened of life so he believes that these persons would have committed murder of his son; that statement of first informant and witnesses under Section 161 Cr.P.C. are contradictory to the averments made in F.I.R.; that in this case based on circumstantial evidence there is no incriminating evidence against applicant and nothing has been recovered from him; that applicant has no criminal history; that applicant undertakes that he will not misuse the liberty of bail; that applicant is in custody since 10.8.2018.
Learned A.G.A. opposed the prayer of bail.
Upon hearing learned counsel for the parties, perusal of record and considering the 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 the applicant Dinesh Pandey be released on bail in Case Crime No.286 of 2018, under Section 302 I.P.C., P.S. Allahganj, District Shahjahanpur on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:-
(i) The applicant will co-operate with the 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 :- 21.1.2019 Kpy
2 issues framed by the court
Whether the applicant qualifies for bail in a murder case.
Whether the applicant is falsely implicated and lacks incriminating evidence.
5 provisions across 2 enactments
Dinesh Pandey
Harsh Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
