In a bail application for murder and affray charges, the Single Judge allowed the bail, noting the co-accused was already on bail, applicant lacked independent criminal evidence, and criminal history was explained.
Application allowed; applicant released on bail on furnishing 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. - 50
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 49745 of 2018
Applicant :- Amit Dwivedi Opposite Party :- State Of U.P. Counsel for Applicant :- Brijesh Sahai,Ram Awadh Mishra Counsel for Opposite Party :- G.A.,Narendra Kumar Tiwari
Hon'ble Aniruddha Singh,J.
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.
According to prosecution case, the F.I.R. was lodged against nine accused persons, namely, Abhishekh @ Chhura, Amit Dwivedi, Vineet Dwivedi, Shiv Autar, Chandan, Komal, Anil, Sanjay, Deepak Dwivedi and 8 to 10 unknown persons alleging that on 6.6.2018 they shot indiscriminate firing at Durgesh @ Chhotta, he received one gunshot injury on head, resultantly died.
It is submitted by learned counsel for the applicant that coaccused namely Abhishek @ Chhura has been granted bail by co-ordinate Bench of this Court vide order dated 30.11.2018, in Criminal Misc. Bail Application No. 42019 of 2018, since the role of the applicant is not distinguishable with the role of co-accused, therefore, the applicant is also entitled for bail. The applicant is innocent and has been falsely implicated in the present case. There are general allegations against all accused persons. Offences levelled against the applicant are not attracted in the present case. Only one injury was found on the body of deceased. It is not clear from the prosecution evidence who is the author of that injury found due to which he died. There is no independent witness and no legal evidence against the applicant. He is languishing in jail since 23.6.2018 (near about six and half months) criminal history of three cases has been properly explained and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
Learned counsel for the complainant opposed the prayer for bail.
Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact as argued by learned counsel for the applicant and admitted that criminal history has been explained.
Considering the submission of learned counsel for the parties, facts of the case, nature of allegation and period of
custody, gravity of offence, without expressing any opinion on the merits of the case, the Court is of the opinion that it is a fit case for bail. Hence, the bail application is hereby allowed.
Let the applicant Amit Dwivedi involved in S.T. No. 85 of 2018 as well as Case Crime No. 118 of 2018, under Sections 147, 148, 149, 307, 302/34 IPC & Section 27/30 Arms Act and Section 7 Criminal Law Amendment Act, P.S. Mau, District Chitrakoot be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions:
2.The applicant will not pressurize/ intimidate the prosecution witness.
3.The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
4.The applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.
5.The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.
In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.
Order Date :- 7.1.2019 A. Singh
3 issues framed by the court
Whether the applicant, falsely implicated and hostile to co-accused granted bail, is entitled to bail in a murder case involving indiscriminate firing.
Whether the applicant's condition precedent of no similar criminal history is satisfied for granting bail.
Whether it is a fit case for granting bail despite the gravity of the charge.
3 provisions across 3 enactments
Amit Dwivedi
State Of U.P.
Aniruddha Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
