Single judge of Allahabad High Court allowed bail application filed by Arun Kumar facing murder, kidnapping and grievous hurt charges. Court held it was a fit case for bail despite circumstantial evidence due to lack of criminal history.
Release on bail on executing personal bond and furnishing two sureties.
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Court No. - 66
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 20507 of 2020
Applicant :- Arun Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Manoj Kumar Tripathi,K.P. Singh Kaushal,Vinod Kumar Tirpathi Counsel for Opposite Party :- G.A.
Hon'ble J.J. Munir,J.
This application has been entertained without an affidavit on account of the extraordinary contingency created by the Covid-19 pandemic where the travel is restricted. This Court notices a fact that there is a declaration by the applicant that he will file an affidavit. This order is being passed, therefore, subject to a certain condition in this regard.
This is an application for bail on behalf of the applicant, Arun Kumar in connection with Case Crime No. 38 of 2020, under Section 364, 302, 201 IPC, P.S. Kotwali Dehat District Bijnor.
Heard Sri Vinod Tripathi, learned Counsel for the applicant and the learned A.G.A. appearing for the State.
The submission of the learned Counsel for the applicant is that the case is one that vests entirely on the circumstantial evidence. The circumstances cited against the applicant are the possible motive on account of a land deal and an extra judicial confession made before two private persons, namely, Teeka Ram and Smt. Pushpa, apart from evidence of last seen, again by two witnesses, Smt. Poonam and Neeraj. It is pointed out that there is no incriminating recovery from the applicant, or anything like CDR
showing the applicant and the deceased together at same point of time. It is also pointed out that the applicant has no criminal history and is in jail since 08.05.2020.
Learned A.G.A. has opposed the bail plea.
Considering the facts and circumstances of the case, the nature of allegations, the gravity of the offence, the severity of punishment, the evidence appearing in the case, in particular, the fact that the case rests on the circumstantial evidence, the fact that the circumstances prima facie do not complete the chain so as to warrant and under trial detention, the fact that the applicant has no criminal history, but without expressing any opinion on merits, this Court, finds it to be a fit case for bail.
The bail application, accordingly, stands allowed .
Let the applicant, Arun Kumar in connection with Case Crime No. 38 of 2020, under Sections 364, 302, 201 IPC, P.S. Kotwali Dehat, District Bijnor, be released on bail on executing his personal bond and furnishing two sureties each in the like amount to the satisfaction of the Court concerned with the following conditions:
i) The applicant shall not tamper with the prosecution evidence.
ii) The applicant shall not threaten or harass the prosecution witnesses.
iii) The applicant shall appear on the date fixed by the Trial Court.
iv) The applicant shall not commit an offence similar to the offence of which the applicant is accused, or suspected
of the commission.
v) 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 such person from disclosing facts to the Court or to any police officer or tamper with the evidence.
(vi) The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
(vii) The computer generated copy of such order shall be self attested by the counsel of the party concerned.
(viii) 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.
In case of default of any of the conditions enumerated above, the prosecution would be free to move an application for cancellation of bail before this Court.
It is clarified that anything said in this order is limited to the purpose of determination of this bail application and will in no way be construed as an expression of opinion on the merits of the case. It is further clarified that the Trial Court shall be absolutely free to arrive at its independent conclusions on the basis of evidence led, unaffected by anything said in this order.
Order Date :- 7.9.2020
Deepak
1 issue framed by the court
Whether high bail amendment cannot bail at the stage of bail under the circumstances.
Arun Kumar
State of U.P.
J.J.` Munir
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
