Kaley v. State of U.P.
Case brief
What is this about?
The court granted bail to the applicant in a murder case, deeming it a fit case without adjudicating the merits, subject to standard conditions including personal appearance and non-interference with evidence.
What did the court decide?
Released on bail by furnishing a personal bond and two sureties, subject to conditions of personal appearance, non-interference with evidence, and no unlawful activities.
What the court decided
Court No. - 45
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6867 of 2019
Applicant :- Kaley Opposite Party :- State Of U.P. Counsel for Applicant :- Bharat Singh Counsel for Opposite Party :- G.A.
Hon'ble Harsh Kumar,J.
Heard learned counsel for the applicant, learned A.G.A. and perused the record.
Learned counsel for the applicant contends that applicant has been falsely implicated in highly belated FIR lodged on 9.11.2018 with the averments that marriage of Km. Seema, daughter of first informant, was settled with coaccused, Dharmesh and on 6.11.2018 at 4.00 p.m. applicant being Behnoi of Dharmesh came to the house of first informant, which was not liked by family members of first informant and after a while applicant along with coaccused Dabbu and Dharmesh passed in front of the house of first informant by motorcycle, which motorcycle was detained by Munesh, brother of first informant and was handed over at the house of co-accused, Dharmesh whereafter Km. Seema was missing since 12.00 in the noon on 7.11.2018 and Dharmesh threatened first informant while dead body of Km. Seema was found in Millet fields of Ram Prakash on 9.11.2018; that inquest report of deceased was prepared between 7.00 to 10.00 p.m. on 9.11.2018 and on autopsy of her body on 10.11.2018 cause of death was ascertained as asphyxia as a result of ante mortem strangulation and time since death about 6-7 days; that postmortem report indicates that death of Km. Seema did take place sometime on 3rd or 4th November 2018 which makes entire prosecution story false and doubtful; that applicant is not real behnoi of co-accused Dharmesh rather was related to his behnoi Dabbu; that name of applicant surfaced in the confessional statement of co-accused Dharmesh, who has confessed strangulation of deceased with her scarf; that recovery of Daranti and other articles of deceased has been made at the pointing of co-accused Dharmesh; that in this case based on circumstantial evidence there is no incriminating evidence against the applicant; that case of applicant is distinguishable from co-accused Dharmesh; that applicant has no criminal history; that
Issues for consideration
3 issues framed by the court
Whether the applicant, falsely implicated in a murder case, is eligible for bail.
Whether there is doubt regarding the incriminating evidence against the applicant given the timeline of death.
What conditions of bail and conduct must the applicant adhere to during the trial.
Parties & counsel
- applicant
Kaley
Coram
Harsh Kumar
T. Sinha
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · February
- Registered
- Case no.
- BAIL/6867/2019
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