Criminal Miscellaneous Bail Application allowed. Court held it is a fit case for bail granting application for accused in murder case charging intention.
Application allowed, applicant to be released on bail furnishing personal bond and two sureties.
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. - 50
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4344 of 2019
Applicant :- Karelal @ Kariya Opposite Party :- State Of U.P. Counsel for Applicant :- Anil Kumar Srivastava,Ram Bahadur Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Heard learned counsel for the applicant, Smt. Ladlee Pandey, learned A.G.A for the State and perused the record.
According to prosecution case, F.I.R. was lodged against two accused persons, namely Karelal @ Kariya and Bablu alleging that on 7.11.2018 they are in drunk position and assaulted Devicharan by kicks and fists and threw deep hole, he received four injuries, resultantly died.
It is submitted by learned counsel for the applicant that coaccused namely Bablu @ Mohar has already been granted bail by this Court vide order dated 24.1.2019 in Criminal Misc. Bail Application No. 3404 of 2019, since the role of the applicant is not distinguishable with the role of coaccused, therefore, the applicant is also entitled for bail. The applicant is innocent and has been falsely implicated in the present case. Offences levelled against the applicant are not attracted in the present case. It is admitted fact that accused and deceased were drunker. Incident was done accidentally. There is no intention or knowledge to kill the deceased. There is no independent witness and no legal evidence against the applicant. Deceased fallen into deep hole himself in drunken position. He is languishing in jail since 29.11.2018 (more than two months) having no criminal history and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact as argued by learned counsel for the applicant and admitted that applicant has no criminal history and the case of present applicant is identical to coaccused Bablu @ Mohar who has been enlarged on bail.
Considering the submission of learned counsel for the parties, facts of the case, nature of allegation and period of custody, gravity of offence, without expressing any opinion on the merits of the case, the Court is of the opinion that it is a fit case for bail. Hence, the bail application is hereby allowed.
Let applicant Karelal @ Kariya involved in Case Crime No. 105 of 2018, under Section 304 IPC, Police Station Khanna,
District Mahoba be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions:
2.The applicant will not pressurize/ intimidate the prosecution witness.
3.The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
4.The applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.
5.The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.
In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.
Order Date :- 30.1.2019 A. Singh
2 issues framed by the court
Whether the applicant is entitled to bail considering the coaccused has already been granted bail and the victim and accused were intoxicated.
Whether the applicant will misuse liberty or tamper with evidence while on bail.
Karelal @ Kariya
Aniruddha Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
Aniruddha Singh
Parties & counsel
