The court granted bail to the applicant in a murder case, finding it a fit case after considering complicity, severity of punishment, co-accused bail, and totality of circumstances, without commenting on merits.
Applicant released on bail subject to furnishing a personal bond and two sureties under 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. - 45
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7536 of 2019
Applicant :- Laddu @ Dilip Kumar Madhesiya Opposite Party :- State Of U.P. Counsel for Applicant :- Pradeep Kumar Rai,Kamal Krishna (Senior Advocate) Counsel for Opposite Party :- G.A.
Hon'ble Harsh Kumar,J.
Heard Shri Kamal Krishna, learned Senior counsel assisted by Shri Pradeep Kumar Rai, 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 along with co-accused Manish and another; that as per averments made in highly belated FIR lodged on 6.10.2018 by Smt. Nidhi, wife of Babloo Madhesiya, deceased, her husband Babloo Madhesiya was taking lunch at about 1.00 p.m. in his Sasural when he was fetched away on a bike by applicant, Manish and Deepak and did not return rather on 2.10.2018 she got information about murder of her husband and recovery of an abandoned body within P.S. Tarkulwa on the turn of village Konhbalia; that as per prosecution case an unknown body was recovered on 1.10.2018 at 11.41 a.m. and upon information by village Chaukidar, Nagdu, his inquest report was prepared at 12.05 p.m. and upon postmortem of body cause of death was ascertained as ante mortem injuries, which are 13 in number; that applicant had no motive to cause death of deceased; that statements of Golu and Annu Devi recorded after inordinate delay on 9.10.2018 regarding alleged seeing of deceased along with applicant is absolutely false and incorrect; that in this case based on circumstantial evidence there is no incriminating evidence against applicant and nothing has been recovered from him; that co-accused Manish Singh has been granted bail by another Bench of this Court vide order dated 15.2.2019 passed in Criminal Misc. Bail Application No.6585 of 2019, copy of which has been produced for perusal and is taken on record; that applicant has no criminal history; that applicant undertakes that he will not misuse the liberty of bail; that applicant is in custody since 7.10.2018.
Learned A.G.A. opposed the prayer of bail.
Upon hearing learned counsel for the parties, perusal of record and considering the complicity of accused, severity of punishment, grant of bail to co-accused 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.
Let the applicant Laddu @ Dilip Kumar Madhesiya be released on bail in Case Crime No. 248 of 2018, under Sections 302, 201, 504, 506, I.P.C., P.S. Tarkulwa, District Deoria, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:-
(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.
(ii) The applicant will not tamper with the prosecution evidence and will not delay the disposal of trial in any manner whatsoever.
(iii) The applicant will not indulge in any unlawful activities.
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.
Order Date :- 22.2.2019 T. Sinha
3 issues framed by the court
Whether the application for bail in a murder case falls within the fit case
Whether the applicant can be released on bail subject to conditions
Whether co-accused bail impacts the totality of the bail decision in this case
4 provisions across 2 enactments
Laddu @ Dilip Kumar Madhesiya
Harsh Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
