A single judge allowed a bail application for the applicant, involved in a murder case based on suspicion during a land dispute. The court deemed the case fit for bail without deciding the merits finding no criminal history involved.
Applicant released on bail with a personal bond and two sureties upon furnishing mutual attendance bond.
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Court No. - 41
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 48155 of 2019 Applicant :- Sirtaj Singh Opposite Party :- State of U.P. Counsel for Applicant :- Ravindra Prakash Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Bachchoo Lal,J.
Heard learned counsel for the applicant, learned A.G.A and perused the record.
Learned counsel for the applicant submits that initially the FIR of the alleged incident was lodged against the applicant under section 302 IPC on the basis of suspicion. There was a dispute of land in between the applicant and deceased. In that case, the investigating officer has submitted final report. The informant has filed a protest petition against the final report which was treated as a complaint and thereafter, on the basis of statements of the complainant and witnesses recorded under section 200 and 202 Cr.P.C. the applicant has been summoned to face the trial. It has further been submitted that the applicant has falsely been implicated in the present case only on the basis of suspicion. The applicant has not committed the alleged offence. A knife has been shown in the hands of co-accused Satya Ram, who has been enlarged on bail by another bench of this Court vide order dated 31.7.2019 in Criminal Misc. Bail Application No. 29500 of 2019, therefore, the applicant is also entitled for bail. It has further been submitted that the lathi has been shown in the hands of the applicant. As per postmortem report one lacerated wound, three incised wound and three abrasions have been found on the body of the deceased. The applicant has no concern with the alleged incident. There is no criminal history of the applicant and is in jail since 15.9.2019.
Per contra, learned A.G.A has opposed the prayer for bail.
Considering the facts and circumstances of the case, without expressing any opinion on the merits of the case, I find it a fit case for bail.
Let the applicant Sirtaj Singh involved in Criminal Case No. 3451 of 2008 of 2018, under Section 302 IPC, P.S.Mahhuli, District Sant Kabeer Nagar be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-
In case of breach of any conditions mentioned above, the trial court shall be at liberty to cancel the bail of the applicant.
Order Date :- 13.11.2019/A.
2 issues framed by the court
Whether the applicant is entitled to bail in a murder case where the charge was initially based on suspicion.
Whether the applicant's involvement is minimal given that the deceased was attacked by a knife found in the hands of a co-accused.
Sirtaj Singh
Bachchoo Lal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
