Tej Pal v. State of U.P.
Case brief
What is this about?
The court granted bail to the applicant charged with murder, finding it a fit case considering facts and circumstances without commenting on merits. It also allowed an exemption from filing a certified copy of the F.I.R.
What did the court decide?
Applicant released on bail on personal bond and two sureties; exemption from filing certified copy of F.I.R. allowed.
What the court decided
Court No. - 45
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5944 of 2019
Applicant :- Tej Pal Opposite Party :- State Of U.P. Counsel for Applicant :- Ashish Dwivedi,Jai Shanker Audichya
Counsel for Opposite Party :- G.A.
Hon'ble Harsh Kumar,J.
Heard learned counsel for applicant, learned A.G.A. and perused the record.
Learned counsel for applicant contended that applicant has been falsely implicated on the basis of suspicion; that as per averments made in F.I.R. lodged at 9:24 p.m. on 29.9.2018, he got an information at 6:00 a.m. on 29.9.2018 that his son Vijay has been murdered and hanged with window of Primary School and few days back he was asked to admonish deceased else he will be kidnapped, upon which he admonished his son and on 28.9.2018 at 8:00 p.m. when he left from home, applicant and co-accused persons caused his death and hanged his body with window of School; that applicant is resident of different village and has been falsely implicated being son-in-law of co-accused Jagdish; that applicant had no motive to cause death of deceased; that applicant did not threat first informant of kidnapping the deceased; that there is no incriminating evidence against applicant in this case based on circumstantial evidence, except his confessional statement in police custody, which is not admissible in evidence; that call details report at Annexure No.7 is wrong and irrelevant; that co-accused Babu Ram has been granted bail by Sessions Judge, Bareilly vide order dated 5.1.2019, copy filed at Annexure No.9; that applicant has no criminal history; that applicant undertakes that he will not misuse liberty of bail; that applicant is in custody since 7.10.2018.
Issues for consideration
2 issues framed by the court
Whether bail is appropriate for the applicant charged with murder under Section 302 IPC.
Whether an exemption from filing certified copy of F.I.R. should be granted.
Parties & counsel
- applicant
Tej Pal
- respondent
State Of U.P.
Coram
Harsh Kumar
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · February
- Registered
- Case no.
- BAIL/5944/2019
Similar cases
Judgements on the same questions, provisions and authorities, from every court