In a bail application challenged by the State, the court grants release of the accused under a bond, noting the applicant's distinction from a confessional statement made by a co-accused.
The applicant is released on bail under a personal bond and two sureties with conditions regarding trial cooperation and non-tampering of evidence.
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. - 4378 of 2019
Applicant :- Tanvir Alam Opposite Party :- State Of U.P. Counsel for Applicant :- Mohd. Iqbal,Irfanul Huda 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. lodged on 15.9.2018 with the allegations that Raj Pal Singh @ Bitu, brother of first informant was sitting over bench with Vinay Singh at the egg shop of Irfan adjoining to the chicken shop of Atul, who had left for some where assigning Irfan to look after his chicken shop and in the meantime Javed and one unknown person came there and Vinay offered Javed a tree for sale and during the talks upon intervention by Raj Pal Singh Javed caught hold of his neck, committed mar-pit and stabbed him to death with knife provided by Irfan; that in F.I.R. Javed and Irfan have been named with one unknown person; that first informant has not alleged presence of applicant at the spot, but co-accused Javed in his confessional statement under Section 161 Cr.P.C. has stated that upon providing knife by Irfan he caused incised injuries to Raj Pal Singh @ Bitu and applicant surrounded deceased from behind; that applicant was not at all present at the spot and neither surrounded the deceased nor participated in the incident in any manner whatsoever; that case of applicant is clearly distinguishable from Javed; that applicant had no motive to cause death of deceased; that applicant has no criminal history; that applicant undertakes that he will not misuse the liberty of bail; that applicant is in custody since 17.9.2018.
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 Tanvir Alam be released on bail in Case Crime No.491 of 2018, under Sections 302, 109, 190, 504, 506, 34 I.P.C. and Section 7 Criminal Law Amendment Act, P.S. Saurikh, District Kannauj, 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 Kpy
2 issues framed by the court
Whether the applicant is a fit case for bail in a murder case.
Whether the applicant's alleged complicity justifies denial of bail.
6 provisions across 3 enactments
Tanvir Alam
Harsh Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
Harsh Kumar
Parties & counsel
