In a bail application under Section 302 IPC, the High Court allowed bail on circumstantial evidence grounds without deciding merits, subject to filing an affidavit later.
Release on bail via personal bond and sureties subject to specific conditions and affidavit filing within 15 days.
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. - 23376 of 2020
Applicant :- Dheeraj Shahi @ Surya Pratap Shahi Opposite Party :- State of U.P. Counsel for Applicant :- Prasoon Gautam,Ram Raj Prajapati 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, Dheeraj Shahi @ Surya Pratap Shahi in connection with Case Crime No. 25 of 2020, under Section 302, 201 IPC, Police Station Gagha, District Gorakhpur.
Heard Sri Ram Raj Prajapati, 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 rests on circumstantial evidence. Initially, a missing report was lodged in the matter by the informant expressing suspicion against the applicant. Lateron, an FIR was lodged also on the basis that the deceased went away and never returned. Thereafter, his dead body was found on 02.02.2020. It is submitted that no one has seen the occurrence. The sole circumstance against the applicant is the evidence of last seen with no evidence aliunde to connect him to the crime. It is
submitted that there is no recovery of any incriminating evidence from the applicant. It is also pointed out that the applicant has no criminal history and is in jail since 06.02.2020.
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 circumstantial evidence, the fact that there is no eye witness account, the fact that only circumstance against the applicant is last seen without any evidence aliunde , the fact that there is no recovery from the applicant, 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, Dheeraj Shahi @ Surya Pratap Shahi in connection with Case Crime No. 25 of 2020, under Section 302, 201 IPC, Police Station Gagha, District Gorakhpur 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.
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.
Order Date :- 28.9.2020 Deepak
1 issue framed by the court
Whether the applicant in a murder case based on circumstantial evidence is entitled to bail.
Dheeraj Shahi @ Surya Pratap Shahi
State of U.P.
Munir, J.
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
