The High Court allowed bail to the applicant charged with murder under Section 302 IPC, finding it a fit case without evaluating merits, imposing standard conditions not to tamper with evidence or intimidate witnesses.
Released on bail by furnishing a personal bond with two sureties each on specified conditions.
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. - 48273 of 2019
Applicant :- Shiv Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Ashok Kumar Mishra,Akhilesh Kumar Mishra Counsel for Opposite Party :- G.A.
Hon'ble Bachchoo Lal,J.
Sri Vinod Kumar Tripathi and Sri Manoj Kumar Tripathi, learned counsel jointly filed Vakalatnama on behalf of complainant, is taken on record.
Heard learned counsel for the applicant, learned counsel for the complainant as well as learned A.G.A. for the State and perused the record.
Learned counsel for the applicant submits that the FIR of the alleged incident is delayed and the same has been lodged with the delay of 5 days. In FIR it has been mentioned that on 23.7.2019 at 9:00 A.M. the applicant took away the deceased on his motorcycle, thereafter, the dead body of the deceased was found on the way of Jhaloo village near hand pump. The cause of death of the deceased has been shown asphyxia due to smothering. The postmortem of the deceased was conducted on 24.7.2019 and the time of death has been shown about 1.5 days old. There is no eye witness of the alleged occurrence. Except the evidence of last seen there is no evidence against the applicant. It is said that the mobile of deceased was found at the house of applicant and the same was handed over by the wife of applicant to the wife of deceased. It has further been submitted that the wife of applicant had not given any mobile of the deceased to the wife of deceased. False story has been concocted by the prosecution. There was no motive to the applicant to commit the alleged offence. Nothing incriminating has been recovered from the possession of the applicant or on his pointing out. The applicant has no criminal history and is in jail since 30.7.2019.
Per contra; learned counsel for the complainant as well as learned A.G.A. have opposed the prayer for bail and argued that the applicant took away the deceased in the morning at about 9:00 A.M., thereafter, the dead body of the deceased was found at about 7:00 P.M. There is evidence of last seen against the applicant. The applicant has committed the murder of the deceased, therefore, he is not entitled for bail.
Considering the facts and circumstances of the case and without
expressing any opinion on the merits of the case, I find it a fit case for bail.
Let the applicant Shiv Kumar involved in Case Crime No. 264 of 2019, under section 302 IPC, P.S. Haldaur, District Bijnor be released on bail on his furnishing a personal bond with 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 :- 15.11.2019 Masarrat
2 issues framed by the court
Whether the applicant is eligible for bail in the undertrial custody for alleged murder charges despite lack of motive or incriminating evidence.
Whether the charge of murder under Section 302 IPC warrants refusal of bail given the evidence of last seen.
Shiv Kumar
State of U.P.
Bachchoo Lal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
