Single judge allowed a bail application in a murder case (Sections 302, 201 IPC), observing that the applicant is not a habitual criminal and poses no flight risk, despite opposition from the State.
Bail granted on personal bond and two sureties subject to conditions of no tampering and cooperation with trial.
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. - 23
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 26096 of 2017
Applicant :- Pramod Jaiswal Opposite Party :- State Of U.P. Counsel for Applicant :- Santosh Kumar Tiwari Counsel for Opposite Party :- G.A.,Ramesh Chandra Mishra
Hon'ble Rajendra Kumar-IV,J.
Heard Sri Santosh Kumar Tiwari, learned counsel for the applicant, learned A.G.A. for State and perused the material available on record. None responds on behalf of the complainant / informant and .
This bail application has been filed by the accused-applicant Vishnu Jaiswal, who is involved in Case Crime No. 63 of 2017, under Section 302, 201 IPC, Police Station Paniyara, District Maharajganj.
Learned counsel for the applicant submits that the applicant has been falsely implicated in this case due to malafide intention for the purpose of harassment and ulterior motive. The applicant was not named in the FIR, his name came into light during investigation. It is next submitted that the applicant was living in Arab country and a month back from the alleged incident, he came to India. It is further contended that the applicant is the real uncle of the deceased and he had no any illicit relation with the mother of the deceased. It is next submitted that the applicant is neither a previous convict nor he has any previous criminal history and he is in jail since 11.3.2017. It is further submitted that there is no possibility of the applicant of fleeing away from the judicial process or tampering with the witnesses. In case the applicant is enlarged on bail, he shall not misuse the liberty of bail.
Learned A.G.A. has opposed the prayer for bail and submitted that there are sufficient evidence to frame charge against the accused person under Section 302, 201 IPC.
Considering the facts and circumstances of the case and rival contention of learned counsel, without commenting upon the merit of the case, I am of the opinion that the accused applicant is entitled to be released on bail.
Accordingly, bail application is allowed.
Let applicant Pramod Jaiswal be released on bail in the aforesaid case crime on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned subject to the following conditions:-
In breach of any condition enumerated above, Trial Court shall be at liberty to treat it as abuse of liberty of bail and pass appropriate orders in accordance with law.
Order Date :- 1.4.2019 Vivek Kr.
1 issue framed by the court
Whether the accused applicant is entitled to be released on bail given the allegations of false implication and malafide intent.
Pramod Jaiswal
State Of U.P.
Rajendra Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
