Allowed

Avinash Gautam @ Panu v. State of U.P.

Allahabad HC17 Jan 2019BAIL/48363/2018

Case brief

AI extract

What is this about?

The High Court granted bail to the applicant charged with murder, conspiracy, and cheating. The court observed that while the applicant was alleged to have participated in the incident, it was a fit case for bail at this stage without adjudicating the merits, subject to strict conditions.

What did the court decide?

Release of the applicant on bail by furnishing a personal bond and two sureties subject to specified conditions.

Avinash Gautam @ Panu Vs State of U.P. — Murder and Culpable Homicide | Allahabad HC (2019)

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Court No. - 45

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 48363 of 2018

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Applicant :- Avinash Gautam @ Panu Opposite Party :- State Of U.P. Counsel for Applicant :- Mohd. Samiuzzaman Khan Counsel for Opposite Party :- G.A.,Abha G

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Hon'ble Harsh Kumar,J.

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Heard Mohd. Samiuzzaman Khan learned counsel for the applicant, Smt. Abha Gupta learned counsel for first informant, learned A.G.A. and perused the record.

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Learned counsel for applicant contended that applicant is not named in F.I.R., lodged after two days of the incident by wife of deceased; that as per averments made in F.I.R. lodged by Smt. Rekha Rajpoot her husband Ran Vijay Rajpoot left by his Scorpio Car at 5.00 p.m. on 9.7.2018 after getting a phone call and at about 1.30 p.m. he informed that he is in Courts but at 8.00 p.m. his phone did not respond and subsequently found switched of upon which she informed police at no.100 and reached at Lal Bungalow where her husband used to have sittings and there she was given a mobile number and was informed that her husband is in Unnao Courts and on reaching Unnao Court she found Scorpio Car of her husband and mobile number provided to her did not respond and upon informing police as desired she reached police station along with Scorpio Car; that in F.I.R. 7 persons and one mobile number were named as accused which number belongs to co-accused Jagdamba; that name of applicant surfaced in the statement of first informant under Section 161 Cr.P.C. recorded on 13.7.2018 wherein she stated that death of her husband was caused by Jagdamba, Chaman Prakash and applicant with help of some other persons; that dead body of deceased was recovered at house No.374-A/2 Ompurva at first floor and upon postmortem of the body, cause of death of deceased was opined to be due to ante-mortem head injuries within 4 days ; that the statements of co-accused Jagdamba and Chaman Prakash were recorded on 19.7.2018 wherein they disclosed that there was enmity between them and deceased on account of

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property dispute and due to above reasons they committed murder of deceased by giving iron pipe blow on his head; that in his statement co-accused Jagdamba has stated that applicant also participated in the incident and iron pipe of Jagdamba which was caught by Ran Vijay Singh deceased was snatched by applicant and thereafter Chaman Prakash gave another iron pipe blow to him and thereafter they put his dead body in a bag and hidden it in kitchen; that applicant had no concern with deceased and had no motive to cause his death; that the confessional statement of applicant has been recorded to the efect that he did not participate in the incident and the only fault of him is that he could not protest the acts of Jagdamba and Chaman Prakash; that the statements of Jagdamba and Chaman Prakash are not binding on applicant and his confessional statement in police custody is not admissible in evidence; that the case of applicant is distinguishable from co-accused Jagdamba and Chaman Prakash who are alleged to have given fatal injuries to deceased; that at the most role assigned to applicant is only under Section 201 I.P.C.; that applicant has no criminal history; that applicant undertakes that he will not misuse liberty of bail; that applicant is in custody since 25.7.2018.

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Learned A.G.A. and learned counsel for the first informant vehemently opposed the prayer of bail and contended that the applicant is one of the main accused who actively participated in the incident.

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Upon hearing learned counsel and perusal of record and considering the complicity of accused, severity of punishment 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.

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Let the applicant Avinash Gautam @ Panu be released on bail in Case Crime No.828 of 2018, under Sections 302, 201, 364, 34 and 120-B I.P.C., P.S. Chakeri, District Kanpur Nagar, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court

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concerned, subject to following conditions:-

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(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.

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(ii) The applicant will not tamper with the prosecution evidence and will not delay the disposal of trial in any manner whatsoever.

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(iii) The applicant will not indulge in any unlawful activities.

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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.

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Order Date :- 17.1.2019 VS

Avinash Gautam @ Panu v. State of U.P.

Case brief

What is this about?

What did the court decide?

Avinash Gautam @ Panu v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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