Single judge allowed bail to the applicant, alleging innocence and limited role in the investigation. The court imposed standard bail conditions including furnishing surety and preventing tampering with evidence.
Accused released on bail on furnishing a personal bond and two sureties subject to conditions of not tampering with evidence or influencing witnesses.
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. - 451 of 2019
Applicant :- Bhawna @ Bhanu Opposite Party :- State Of U.P. Counsel for Applicant :- Amit Rai,Vikas Sharma Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
This case has been assigned by the Hon'ble The Chief Justice vide order dated 07.01.2019.
Heard learned counsel for the applicants, learned A.G.A. for the State and perused the record.
According to prosecution case, F.I.R. was lodged on 23.9.2018 against six accused persons, namely Banti Chauhan, Deepak Chauhan, Khemchandra, Bhavit, Shivakar, Rajat Bainiwala and unknown person alleging that on 21.9.2018 at night 00.30 hours, Ashish Tyagi (son of complainant) was abducted by above accused persons. Subsequently, the dead body of Ashish Tyagi was recovered from the possession of co-accused Khemchandra, received one gun shot injury on stomach. Later on, statements of Nitin and Sushen Kumar who are so-called eye witnesses were recorded and they stated that co-accused Rinku shot fire at Ashish Tyagi (deceased) and accused Rinku, Khemchandra with other accused persons have attempted to disposed off his dead body.
It is submitted by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. Role of applicant is extended up to 201 IPC only which is bailable offence. Main role of firing was assigned to co-accused Rinku and dead body of deceased was recovered from pointing out/ possession of co-accused Khemchandra. Incident has taken place at night. No body has seen the incident. Offence under Section 302 IPC was not made out against the applicant. For the first time, the name of the applicant was disclosed by co-accused Nitin Tyagi in his statement before the Police personnel; he is not named in the F.I.R.; F.I.R. was lodged after two days of the incident. Nothing was recovered from the possession of applicant. There is no independent witness and no legal evidence against the applicant. He is languishing in jail since 2.11.2018 (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.
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 Bhawna @ Bhanu involved in Case Crime No. 464 of 2018, under Sections 147, 148, 149, 302, 201/34 IPC, Police Station Dhampur, District Bijnor 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 they are accused, or suspected, of the commission of which they are 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 :- 8.1.2019 OP
1 issue framed by the court
Whether bail should be granted to the applicant who is alleged to be implicated in an offence under Section 302 IPC.
2 provisions across 1 enactments
Bhawna @ Bhanu
Aniruddha Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
