Allowed

Surya Prakash @ Bhoora v. State of U.P.

Allahabad HC8 Mar 2019BAIL/9962/2019

Case brief

AI extract

What is this about?

This single judge court allowed bail to the applicant in a criminal proceeding for murder and attempt to cause death. The order was passed on consideration of complicity, severity of punishment, and totality of facts without adjudicating merits.

What did the court decide?

The applicant to be released on bail by furnishing a personal bond and two sureties each, subject to specified conditions regarding trial cooperation and conduct.

Surya Prakash @ Bhoora Vs State of U.P. — Murder and Culpable Homicide | Allahabad HC (2019)

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Court No. - 45

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9962 of 2019

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Applicant :- Surya Prakash @ Bhoora Opposite Party :- State Of U.P. Counsel for Applicant :- Dinesh Tiwari Counsel for Opposite Party :- G.A.

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Hon'ble Harsh Kumar,J.

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Heard learned counsel for the applicant, learned A.G.A. and perused the record.

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Learned counsel for the applicant contends that applicant has been falsely implicated on the basis of his confessional statement, which is not admissible in evidence; that as per averments made in FIR lodged by Kamal Kumar @ Pappu on 23.8.2018 at 10.35 p.m., he was walking after dinner along with Manoj and Tara Singh in the night of 23.8.2018 and seen three persons coming on a motorcycle, which slipped down due to excessive speed and all the three passengers fell down and at the same time he heard noise of fire and sensing that they are miscreants, he raised alarm and with the help of villagers caught two miscreants while third one was lying by the side of motorcycle and above miscreants disclosed themselves to be Bhoora @ Surya Prakash, applicant and Ashok and allegedly confessed that they had committed loot at Kasba Tundala and had loaded pistols in their hands for their defence and at the time of falling from motorcycle trigger of his pistol was pushed resulting in gun shot injury of his companion Chandra Shekhar; that applicant had no motive to cause death of his companion; that there is no incriminating evidence against applicant; that applicant has explained his criminal history in para 16 of affidavit given in support of bail application; that applicant has no criminal history; that applicant undertakes that he will not misuse the liberty of bail; that applicant is in custody since 24.8.2018.

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Learned A.G.A. opposed the prayer of bail.

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Upon hearing learned counsel for the parties, perusal of record and considering the complicity of accused, severity of punishment 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.

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Let the applicant Surya Prakash @ Bhoora be released on bail in Case Crime No. 0454 of 2018, under Sections 304, 307, I.P.C., P.S. Tundala, District Firozabad, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:-

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(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.

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(ii) The applicant will not tamper with the prosecution evidence and will not delay the disposal of trial in any manner whatsoever.

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(iii) The applicant will not indulge in any unlawful activities.

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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.

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Order Date :- 8.3.2019 T. Sinha

Surya Prakash @ Bhoora v. State of U.P.

Case brief

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Surya Prakash @ Bhoora v. State of U.P.

Case brief

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