The court allowed a bail application filed under Section 439 CrPC by an accused in a murder case. Despite arguments regarding recovery of an axe and witness statements, the court released the applicant on bail with strict conditions to ensure his presence and prevent tampering with evidence.
The applicant was released on bail in Sureties and Damages.
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. - 16
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3900 of 2020
Applicant :- Babloo Opposite Party :- State of U.P. Counsel for Applicant :- Amit Daga,Vijay Singh Sengar Counsel for Opposite Party :- G.A.,Ajay Sengar
Hon'ble Samit Gopal,J.
Supplementary affidavit filed today is taken on record.
Heard Sri Amit Daga, learned counsel for the applicant, Sri Ajay Sengar, learned counsel for the informant, learned A.G.A. and perused the material on record.
This bail application under Section 439 of Code of Criminal Procedure has been filed by the applicant Babloo seeking enlargement on bail during trial in connection with Case Crime No. 89 of 2019, under Sections 302 and 201 I.P.C., registered at P.S. Dakor, District Jalaun.
Learned counsel for the applicant argued that the version, as per first information report, is that Praveen Kumar @ Jhabal the deceased used to live in a house constructed by him in the field. The wife of Praveen Kumar @ Jhabal namely Rani @ Meena was a lady of bad character due to which the couple used to have fights and beating between them was also there but in spite of that the wife of the deceased Praveen Kumar @ Jhabal did not mend her habits and continued her activities. Further, the prosecution case is that on 10.7.2019 dead body of Praveen Kumar @ Jhabal was found on the road at Dakor Chilli. He then proceeds to mention in the first information that he has suspicion that Rani @ Meena, the wife of the deceased, her brother Lakhan Singh and one other unknown person committed murder of his brother and have thrown his dead body. The wife of the deceased has done so just in order to make sure that her husband does not come in the way of her activities. He further argued that the applicant is not named in the first information report. He has further drawn the attention of the Court to the statement of Sunil recorded under Section 161 Cr.P.C. which is annexed as Annexure-9 to this application in which he has named the applicant as a person accompanying co-accused Lakhan and Rani @ Meena, wife of the deceased and he has suspicion that the present murder has been committed by them. He further argues that except for the present statement, there is no other evidence whatsoever. There
is no eye witness of the incident. The police has shown the recovery of an axe from the pointing out of the applicant from a well on 30.7.2019. The present incident is dated 10.7.2019. Lastly, he argues that the well is in an open place in the field easily assessable by everyone. The applicant is in jail since 13.7.2019 and has no criminal antecedents to his credit, therefore, he be released on bail.
Per contra, learned AGA as well as Sri Ajay Sengar, learned counsel for the informant oppose the bail and argued that Sunil has specifically named the applicant as one of the companion of Lakhan Singh and Rani @ Meena but could not dispute the other arguments as advanced by the learned counsel for the applicant. It is further argued that vide order dated 17.12.2019 passed in Application U/S 482 No. 46643 of 2019 the copy of which has been provided by the counsel for the informant, the trial of the present matter has been expedited by another Bench of this Court. The same is taken on record.
Considering the totality of the case in particular, nature of evidence available on record, without further any comments on merit, I am inclined to release the applicant on bail.
Let the applicant Babloo, be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:-
i) The applicant will not tamper with prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever.
ii) The applicant will abide the orders of court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever.
(iii) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the date fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law.
(iv) The applicant will not misuse the liberty of bail in any manner whatsoever. In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under section 82 Cr.P.C., may be issued and if applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings
against him, in accordance with law, under section 174-A I.P.C.
(V) The applicant shall remain present, in person, before the trial court on dates fixed for (1) opening of the case, (2) framing of charge and (3) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law and the trial court may proceed against him under Section 229A IPC.
(vi) The trial court may make all possible efforts/endeavour and try to conclude the trial expeditiously after the release of the applicant.
The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.
The bail application is allowed.
Order Date :- 4.2.2020
AKK
(Samit Gopal,J.)
2 issues framed by the court
Whether the applicant should be granted bail during trial in a murder case under Sections 302 and 201 IPC.
Whether the grounds of innocence and lack of criminal antecedents justify release on bail despite police recovery and witness statements.
4 provisions across 2 enactments
Babloo
State of U.P.
Samit Gopal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
