This is a bail application in a murder case involving land dispute. The High Court rejected the bail plea due to the gravity of the offence, severity of punishment, and evidence against the accused being a main accused who fired at the deceased.
Bail application rejected; trial directed to be concluded within one year.
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. - 76
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1563 of 2018
Applicant :- Sunil Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Shree Prakash Giri, Akhilesh Singh, Shivam Yadav, Suresh Singh, Vipin Kumar Counsel for Opposite Party :- G.A., Nishant Dwivedi
Hon'ble Ajit Singh,J.
Heard learned counsel for the applicant and the learned A.G.A.
This is a bail application on behalf of the applicant has been filed with a prayer to release him on bail in Case Crime No. 159 of 2017, under Sections 147, 148, 149 and 302 I.P.C., Police Station Sakit, district Etah.
The first information report of this incident was lodged by the complainant Vishun Dayal. It was alleged in the first information report that the complainant has purchased 16 bighas of land from Maya Devi, which is adjacent to the field of the accused persons and the accused persons wants to forcibly get the possession of that plot and revenue litigation is pending between the parties in the court of Sub-Divisional Court, Etah. It was further alleged in the first information report that when his son, Arjun Singh was lying alone on the roof then the named accused persons, Sunil, Ajeet, Sudhir, Jai Singh alongwith their neighbour Vinay came at the roof having weapons of assault in their hands and the accused persons, Sunil and Sudhir fired at the son of the complainant with their country-made pistol. It was further mentioned in the first information report that the accused were seen by the complainant himself and other witnesses in the torch light and the deceased died at the spot. The police investigated the matter and the accused Sudhir, who was assigned the role of causing fire arm injury to the deceased was exonerated by the police.
The submission of learned counsel for the applicant is that the applicant is quite innocent and has been falsely implicated in the present case with ulterior motive. He submitted that the accused is in jail since 07.08.2017. He submitted that the trial has not yet been concluded. He further submitted that the statement of only one prosecution witnesses have been recorded by the trial court concerned. He further submitted that in case, he is released on bail he will not misuse the liberty of bail and will cooperate in the trial.
Learned A.G.A. has opposed the bail plea and has submitted that the applicant is the main accused, who has fired at the
deceased and caused two entry wounds. He further submitted that the country-made pistol was recovered at the instant of the applicant.
Considering the overall facts and circumstances, the nature of allegations, the gravity of offence, the severity of the punishment, the evidence appearing against the accused, but without expressing any opinion on merits, this Court does not find it to be a fit case for bail.
Accordingly, the bail application stands rejected with a direction to the court below that the trial of the aforesaid case be expedited and positively be concluded within one year from the date of production of the certified copy of this order, after normal functioning of the courts as the courts are normally not functioning due to Covid-19.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by learned counsel for the applicant along with a self attested identity proof of the said persons (preferably Aadhar Card) mentioning the mobile number (s) to which the said Aadhar Card is linked before the concerned Court/Authority/Official.
The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 11.11.2020 R./
2 issues framed by the court
Whether the bail application in a murder case involving possession dispute should be allowed.
Whether the alleged main accused firing at deceased and causing wounds is a fit case for bail given gravity and severity of punishment.
4 provisions across 1 enactments
Sunil Kumar
State of U.P.
Ajit Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
