In Criminal Misc. Bail Application No. 46292 of 2018, the single-judge bench of Harsh Kumar, J. granted bail to the applicant, Maharaj Singh, accused of murder, considering him an old, sick person with no criminal history and noting that a co-accused had already been released.
Released on bail by furnishing a personal bond and two sureties each.
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. - 46292 of 2018
Applicant :- Maharaj Singh Opposite Party :- State Of U.P. Counsel for Applicant :- Lallan Prasad Counsel for Opposite Party :- G.A.,Kamla Kant Srivastava,Rajesh Kumar Srivastava
Hon'ble Harsh Kumar,J.
Heard Sri Lallan Prasad, learned counsel for applicant, Sri Rajesh Kumar Srivastava, learned counsel for first informant, learned A.G.A. and perused the record.
Learned counsel for applicant contends that applicant has been falsely implicated for murder of Shyam Singh @ Sonu being tau of co-accused Soni; that as per averments made in FIR, deceased was called by Soni with whom he was having love affair and after calling him he was thrown into well by father and tau, of co-accused Soni and Bhura; that no specific role has been assigned to applicant in FIR or in statement of Chhote who accompanied the deceased upto the field in which, he was going to meet co-accused Soni; that applicant had no motive to cause death of deceased; that applicant is an old and sick person, and did not participate in the incident in question in any manner whatsoever; that co-accused Soni has been granted bail by other Bench vide order dated 12.12.2018 passed in Criminal Misc. Bail Application No. 47268 of 2018; that applicant has no criminal history; that applicant undertakes that he will not misuse the liberty of bail; that applicant is in custody since 05.10.2018.
Learned A.G.A. and learned counsel for first informant vehemently opposed the prayer of bail and contended that deceased was called by co-accused Soni in preplanned manner, and was murdered by her father, tau etc. by throwing him in well.
Upon hearing learned counsel for the parties, perusal of record and considering the complicity of accused, severity of punishment , grant of bail to co-accused 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 Maharaj Singh be released on bail in
Case Crime No. 88 of 2018 under Sections 147, 302 I.P.C., P.S. Kakvan 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 :- 23.1.2019 M. ARIF
3 issues framed by the court
Whether the applicant is entitled to bail in the absence of prior criminal history despite severe charges of murder.
Whether the totality of facts and circumstances warrants granting bail at this stage.
Whether the applicant can be released on personal bond with sureties despite the serious nature of the offence.
Maharaj Singh
Harsh Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
