In Criminal Misc. Bail Application No. 48228 of 2019, the Hon'ble Court granted bail to the applicant charged with murder under Section 302 IPC, directing him to execute a personal bond and two sureties without expressing an opinion on the merits of the case.
Applicant 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. - 41
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 48228 of 2019
Applicant :- Ishu Opposite Party :- State of U.P. Counsel for Applicant :- Atul Kumar Shahi Counsel for Opposite Party :- G.A.
Hon'ble Bachchoo Lal,J.
Heard learned counsel for the applicant, learned AGA and perused the record.
Learned counsel for the applicant submits that initially one Praveen Kumar has given an information to the police with regard to the death of the deceased on 7.6.2019. On the basis of that information inquest and postmortem of the deceased were conducted. After two days i.e. 9.6.2019 the first information report was lodged against the applicant including three others. In the first information report, it has been mentioned that in the night of 6/7.6.2019, father of the complainant was sleeping in the field near a room (kothari). In the night, hearing the sound of barking of dogs, the complainant and his brother went to their father and saw in the light of torch that the applicant, the co -accused Sultan Singh, Mohan and Sandeep were standing near the cot holding lathi and danda in their hands. Seeing the complainant and his brother coming towards his father with flashing torch, they threatened them to life. When they reached there, they found their father dead. It has been further submitted that if the informant and his brother had seen the applicant and other co- accused standing near the place of occurrence, they would have lodged the F.I.R. immediately in the next morning i.e. 7.6.2019 but the same has not been lodged till 9.6.2019. It has been further submitted that during investigation the involvement of Sultan Singh and Sandeep has been found false. Nothing incriminating article has been recovered from the possession of the applicant or on his pointing out. The applicant has not committed the alleged offence and has been falsely implicated in this case. There is no motive of the applicant to commit the murder of the deceased. In post mortem report cause of death of the deceased has been found asphyxia due to throttling. The applicant has no concern with the alleged occurrence. There is no criminal history of the applicant and is in jail since 26.7.2019.
Per contra, learned AGA opposed the prayer for bail.
Having given my thoughtful consideration to the submissions of the learned counsel for the parties, without expressing any opinion on the merits of the case, I am of the opinion that it is a fit case for bail.
Let the applicant Ishu involved in Case Crime No.131 of 2019, under Section 302, 323, 504, 506 IPC Police Station Dannahar District Mainpuri 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 :- 14.11.2019 Gss
1 issue framed by the court
Whether the applicant is eligible for bail in a case of murder involving Sections 302 IPC.
4 provisions across 1 enactments
Ishu
Bachchoo Lal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
