This bail application, filed by Karan Jaiswal charged with murder and theft, was allowed. The court found it a fit case for bail, directing release on personal bond and sureties subject to conditions regarding trial attendance and non-interference with evidence.
Release of applicant on bail with a personal bond and two sureties on each in like amount.
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. - 3215 of 2019
Applicant :- Karan Jaiswal Opposite Party :- State Of U.P. Counsel for Applicant :- Bijai Prakash Tiwari Counsel for Opposite Party :- G.A.
Hon'ble Harsh Kumar,J.
Heard learned counsel for the applicant, learned A.G.A. and perused the record.
Learned counsel for the applicant contended that applicant is not named in F.I.R. lodged on 28.7.2018 by Brijesh Kumar Dixit, brother of deceased Adesh Dixit; that as per averments made in F.I.R. Adesh Dixit was murdered in the night of 24/25.7.2018, who had a quarrel with Rakesh Tiwari about one week ago and had also threatened him of life and so finger of doubt was pointed towards Rakesh and his associates; that in his additional statement under section 161 Cr.P.C. recorded after 15 days of incident, first informant by way of improvements stated that Rakesh Tiwari has not caused murder of his brother, rather he has been murdered by unknown miscreants and a sum of Rs.75,000/- to Rs.80,000/- was stolen from his shop about one and half month ago and mobile phone of deceased was also missing; that during investigation names of Mithilesh Kashyap and Manoj Kumar came to light whereafter one Chotu also came to light and in his statement under section 161 Cr.P.C. recorded on 28.9.2018 Chotu stated that applicant made extra judicial confession of offence in cursory manner and provided him a second hand mobile phone set without disclosing that mobile was of deceased; that applicant neither made any extra judicial confession before Chotu nor made any theft at the tea stall/shop of deceased nor made any loot of Rs.30,000/- to Rs.40,000/-, cash or of his mobile phone nor provided any mobile phone set to Chotu; that statement of Chotu is not binding on applicant; that applicant had no concern with deceased and had no motive to cause death of around 70 years old Adesh Dixit; that applicant has no criminal history; that applicant undertakes that he will not misuse the liberty of bail; that the applicant is in custody since 30.10.2018.
Learned A.G.A. vehemently opposed the prayer of bail.
Upon hearing learned counsel and 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 Karan Jaiswal be released on bail in Case Crime No.862 of 2018, under Sections 302, 379, 411 IPC, P.S. Kalyanpur, District Kanpur Nagar 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 :- 1.2.2019 Tamang
2 issues framed by the court
Whether the applicant is eligible for bail despite being charged under serious offences.
Whether the applicant's denial of confession and motive to harm is sufficient for bail.
4 provisions across 2 enactments
Karan Jaiswal
State Of U.P.
Harsh Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
