The court granted bail to the applicant in a murder case, finding it a fit case for bail without commenting on the merits of the controversy, subject to standard conditions and the furnishing of a bond and sureties.
The applicant is released on bail on furnishing a personal bond and two sureties in the 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. - 4003 of 2019
Applicant :- Amit Kumar Opposite Party :- State Of U.P. Counsel for Applicant :- Vindhyachal Singh 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 contends that applicant is not named in F.I.R.; that as per averments made in F.I.R. body of Anokhe Lal @ Puti, brother of first informant was reported by villagers in Rani Bagh Qabristan in the morning of 19.7.2018 while he had left home at about 9:00 p.m. on 18.7.2018 for returning after a while; that applicant has been falsely implicated on a false and concocted story developed during investigation that applicant allegedly called deceased and desired to have drinks (Beer) with him and during quarrel between two, applicant allegedly stabbed him to death; that applicant has been falsely implicated on the basis of call details report of alleged talks between applicant and deceased in the night of 18.7.2018; that call details report at Annexure-3 does not show any call to deceased by applicant rather shows that deceased made a call on phone of applicant in reply to which applicant only made a missed call as he had no balance; that on the basis of above call applicant may not be considered to be author of fatal injuries of deceased; that applicant is son-in-law of elder brother of deceased and had no motive to cause his death; that recovery of knife and blood stained shirt from the dicky of motorcycle of applicant on 20.7.2018 has been falsely planted of which there is no independent witness; that applicant has no criminal history; that applicant undertakes that he will not misuse the liberty of bail; that applicant is in custody since 20.7.2018.
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 Amit Kumar be released on bail in Case Crime No.352 of 2018, under Section 302 I.P.C., P.S. Bilhaur, 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 :- 30.1.2019 Kpy
1 issue framed by the court
Whether the applicant is entitled to bail considering the nature of the offence and the grievous allegations against him.
Amit Kumar
Harsh Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
