The Court allowed bail to the applicant, Brijendra, in connection with a murder charge. Considering the allegations, the nature of the offence, and the specific role assigned to a co-accused, the Court deemed it a fit case for bail, subject to standard conditions.
Release on bail by executing personal bond and furnishing two sureties in the like amount.
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. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 20649 of 2020
Applicant :- Brijendra Opposite Party :- State of U.P. Counsel for Applicant :- Shashi Kumar Mishra Counsel for Opposite Party :- G.A.,Kamal Dev Rai
Hon'ble J.J. Munir,J. Criminal Misc. Exemption Application No. 1 of 2020
Allowed.
CRIMINAL MISC. BAIL APPLICATION No. - 20649 of 2020
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, Brijendra in connection with Case Crime No. 73 of 2020, under Sections 302, 307, 452, 323, 504 IPC, Police Station Kurra, District Mainpuri.
Heard Sri S.K. Mishra, learned Counsel for the applicant, Sri Kamal Dev Rai, learned counsel for the informant and the learned A.G.A. appearing for the State.
The submission of the learned Counsel for the applicant is that the role of shooting is assigned to co-accused Shailendra Kumar, who has been shown prima faice with a rifle that was used in the assault and caused fatal injury to Smt. Sandhya. It is argued that the applicant has been
falsely implicated, assigning him the role of assaulting by stick ( lathi-danda ). Learned counsel for the applicant points out that there is no injury sustained by the deceased that can be ascribed to an assault by stick( lathi-danda ). It is also pointed out that the applicant has no criminal history and is in jail since 16.04.2020.
Sri Kamal Dev Rai, learned counsel for the informant and the 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 role of shooting and causing fatal injury is assigned to co-accused Shailendra, the fact that the applicant who is said to have assaulted with lathi, whereas informant or the deceased have not sustained any injury referable to a lathi blow, 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, Brijendra in connection with Case Crime No. 73 of 2020, under Sections 302, 307, 452, 323, 504 IPC, Police Station Kurra, District Mainpuri, 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 to grant bail to the applicant charged with offences under Sections 302, 307, 452 IPC on the plea of improper implication and lack of criminal history.
5 provisions across 1 enactments
Brijendra
State of U.P.
Munir
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
