Criminal Misc. Bail Application in a murder case. Court granted bail under section 439 CrPC citing distinguishable circumstances and lack of substantive evidence against applicant, subject to standard conditions.
Released on bail on personal bond and two sureties with conditions to not tamper with evidence, intimidate witnesses, and appear before trial court.
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Court No. - 66
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 31751 of 2019
Applicant :- Mohit Khajoori Opposite Party :- State of U.P. Counsel for Applicant :- Vidit Narayan Mishra Counsel for Opposite Party :- G.A.,Pankaj Kumar Tyagi,Sunil Kumar
Hon'ble Rajul Bhargava,J.
Counter affidavit filed today is taken on record.
Heard Sri Vidit Narayan Mishra, learned counsel for the applicant, Sri Pankaj Kumar Tyagi, counsel for the informant, learned A.G.A. and perused the record.
The present bail application has been filed by the applicant in Case Crime No. 16/2019, u/s 302 IPC, P.S. B.B. Nagar, District Bulandshahar with the prayer for enlarging him on bail.
It is submitted by learned counsel for the applicant that according to F.I.R., two assailants have been nominated in the F.I.R. and one is stated to have covered his face by Dhata. It is argued that during investigation, accused nominated in the F.I.R. namely Deepesh was arrested and he has confessed his guilt and stated that the applicant was also involved in the crime; the said confession before the police has no sanctity in the eyes of law; he further submitted that after about two and half months two witnesses have been introduced namely Gyanveer and Rani, who had stated that third unknown person was the applicant; recovery of Katta on the pointing out of the applicant has been planted by the police, therefore, the applicant, who has not been put up for identification, may be granted bail.
Per contra learned counsel for the informant has opposed the prayer for bail and submitted that there is no reason to falsely implicate the applicant and the Katta used in the commission of crime was recovered from the possession of the applicant and the same has been sent for examination to F.S.L. and the report has not been received so far. However, he could not dispute that except recovery of Katta there is no other evidence except witnesses, who have disclosed name of the applicant after more than two months of the incident.
In view of the facts and circumstances of the case and
submissions made by learned counsel for the applicant and without expressing any opinion on the merits of the case the applicant is entitled to be released on bail.
Let the applicant Mohit Khajoori involved in the aforesaid case crime number be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-
(i) The applicant will not tamper with the evidence during the trial.
(ii) The applicant will not pressurize/ intimidate the prosecution witness.
(iii)The applicant will appear before the trial court on the date fixed.
In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.
It is made clear that the case of the applicant is distinguishable from the accused, who were nominated in the F.I.R.
Order Date :- 7.11.2019 Dhirendra/
2 issues framed by the court
Whether the applicant is entitled to be released on bail in a murder case despite lack of sanctity in police confession
Whether the delay in discovery of witnesses and recovery issues justify granting bail under section 439 CrPC
Mohit Khajour
State of U.P.
Rajul Bhargava
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
