The High Court allowed a bail application filed without an affidavit due to the Covid-19 pandemic, granting bail to an applicant charged withmurder under conditions, while clarifying the order does not express an opinion on the merits.
The applicant was released on bail upon executing a personal bond and furnishing two sureties, subject to specified conditions.
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. - 21310 of 2020
Applicant :- Suwa Lal
Opposite Party :- State of U.P. Counsel for Applicant :- Ajay Kumar Srivastava 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 Covid19 pandemic where the travel is restricted. This Court notices the 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, Suwa Lal in connection with Case Crime No. 227 of 2019, under Section 302 IPC, P.S. Kanth, District Shahjahanpur.
Heard Sri Ajay Kumar Srivastava, learned counsel for the applicant and learned AGA appearing for the State.
The submission of the learned counsel for the applicant is that he has been falsely implicated. It is a night incident and implication is on the basis of suspicion and conjecture. The primal role of shooting the deceased has been assigned to coaccused, Khyali. The applicant has been assigned the role of catching hold. It is submitted that in a case of shooting, the role of catching hold is inherently improbable. It is further submitted that under identical circumstances, co-accused, Pawan has been granted bail by this Court vide order dated 01.10.2019 passed in Criminal Misc. Bail Application No. 41401 of 2019. Likewise, another co-accused, Jai Singh has been admitted to bail by this Court vide order dated 14.10.2019 passed in Criminal Misc. Bail Application No. 41649 of 2019. As such, the applicant is entitled to bail on the foot of parity. The applicant has no criminal history and is in jail since 25.12.2019.
Learned A.G.A. has opposed the prayer for bail.
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 assigned to the applicant is one of catching
hold where the deceased has been shot to death, the fact that coaccused, Jai Singh and Pawan with an identical role, have been admitted to bail, 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 Suwa Lal involved in Case Crime No. 227 of 2019, under Section 302 IPC, P.S. Kanth, District Shahjahanpur 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 complainant 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 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.
It is made clear that in case, an affidavit in support of this application duly sworn is not filed, as declared, within 15 days of resumption of swearing of affidavits, the bail granted to the applicant shall be cancelled.
This order will, however, not enure to the benefit of co-accused, Khyali, who has been assigned the role of shooting the deceased.
Order Date :- 1.9.2020 BKM/-
2 issues framed by the court
Whether bail should be granted to the applicant charged with murder under Section 302 IPC.
Whether parity arguments presented by co-accused of identical role support the grant of bail.
Suwa Lal
State of U.P.
J.J. Munir
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
