Single judge allowed bail to an accused in a murder case under Section 302 IPC, noting that although implicated as an accused, the applicant was originally an eye-witness who helped lodge the FIR and has no prior criminal history.
Applicant released on bail by furnishing personal bond with two sureties (one family member) each.
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. - 25
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2697 of 2019
Applicant :- Gajendra Pal Opposite Party :- State Of U.P. Counsel for Applicant :- Sudarshan Singh Counsel for Opposite Party :- G.A.
Hon'ble Ram Krishna Gautam,J.
This bail application has been filed by Gajendra Pal for bail in Case Crime No. 451 of 2018, under Section 302 I.P.C., P.S. Cantt., District Bareilly.
Heard Sri Sudarshan Singh, learned counsel for the applicant and learned A.G.A. appearing for the State.
Learned counsel for the applicant submits that the applicant is not named in the First Information Report. Deceased Shahrukh himself was caught along with others for the offence in stealing buffaloes. Learned counsel for the applicant further submits that the First Information Report was lodged from the side of applicant. Since his name was mentioned as eye-witness account in Crime no. 450 of 2018, the Investigating Officer implicated his name as accused in the aforesaid case. He is in jail since 31.8.2018. The applicant has no other reported criminal history. If he be released on bail, he will never misuse his liberty and will co-operate in the trial.
Learned A.G.A. has opposed the prayer for bail but could not dispute the aforesaid facts as argued by the learned counsel for the applicant.
Looking into the facts and circumstances of the case as well as nature and gravity of the offence, material available on record regarding the role of accused and without expressing any opinion on the merits of the case, I am of the view that the bail application is liable to be allowed. Hence, this bail application is allowed.
Let the applicant-Gajendra Pal involved in Case Crime No. 451 of 2018, under Section 302 I.P.C., Police Station Cantt, District Bareilly, be released on bail on his furnishing a personal bond with two sureties (one should be of his family members/nearest relatives) each in the like amount to the satisfaction of the court concerned with the following conditions:-
(i)The applicant shall not tamper with the prosecution evidence.
(ii) The applicant shall not threaten or harass the prosecution witnesses.
(iii) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law.
(iv) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel.
(v) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. and (iv) argument/judgement.
If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law.
Order Date :- 21.1.2019 NS
1 issue framed by the court
Whether the applicant is entitled to bail in a case involving an offence under Section 302 IPC where FIR was lodged by him as an eye-witness and did not name him as an accused initially.
2 provisions across 2 enactments
Gajendra Pal
Ram Krishna Gautam
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
