Court allowed bail to applicant accused of murder and culpable homicide, emphasizing parity with a co-accused already released, lack of eyewitnesses against him, and his clean criminal record.
Applicant released on bail furnishing personal bond and two sureties with conditions not to tamper evidence, intimidate witnesses, and appear for trial.
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. - 9005 of 2019
Applicant :- Sundram @ Pravendra Opposite Party :- State Of U.P. Counsel for Applicant :- Arvendra Singh Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Heard learned counsel for the applicant, Sri D.N. Tiwari, learned A.G.A for the State and perused the record.
According to prosecution case, F.I.R. was lodged against five named accused persons, namely, Upendra Kumar, Rajan, Monu, Ajay Pratap @ Neetu, Raghav @ Lauaram and two unknown persons alleging that on 2.8.2018, they started indiscriminate firing on Rajnesh, brother of the complainant. He received three gun shot injuries and died. Specific role of shot fire has been assigned against co-accused Upendra Kumar and Rajan. During investigation, the name of Sundram @ Pravendra was disclosed.
It is submitted by learned counsel for the applicant that coaccused-Monu @ Saurabh has already been granted bail by coordinate Bench of this Court vide order dated 2.1.2019 in Criminal Misc. Bail Application No. 48362 of 2018 and the case of the applicant is identical to the case of co-accused who has been enlarged on bail, hence the applicant is also entitled for bail on the ground of parity. Applicant was not named in the F.I.R. During investigation, the name of applicant was surfaced. Main role of shot fire was assigned to co-accused Upendra Kumar and Rajan. The applicant is innocent and has been falsely implicated in the present case. The case of the applicant is distinguishable from the case of co-accused Upendra Kumar and Rajan. There is no independent witness against the applicant. There is no eye witness account against the applicant. The applicant is languishing in jail since 21.8.2018 (more than six months) having no criminal history and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
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 applicant has no criminal history and the case of present applicant is identical to co-accused Monu @ Saurabh, who has been enlarged on bail.
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 applicant Sundram @ Pravendra involved in Case Crime No. 373 of 2018, under Sections 147/148/149/307/302//34 IPC, Police Station Bevar, District Mainpuri 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 :- 1.3.2019 OP
2 issues framed by the court
Whether the applicant is entitled to bail in light of parity with a co-accused already granted bail and lack of independent evidence against him?
Whether the applicant can be released on bail subject to furnishing a bond by personal and other sureties?
Colour shows how this judgement treated each authority
Criminal Misc. Bail Application No. 48362 of 2018Referred¶7
Sundram @ Pravendra
Aniruddha Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
