In a bail application for charges of murder, the Court granted bail to the applicant, finding a prima facie case made out without expressing an op
Granted release on bail by furnishing a personal bond and two local sureties with specific undertakings regarding court attendance.
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. - 76
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7657 of 2019
Applicant :- Surendra Jaysawal Opposite Party :- State of U.P. Counsel for Applicant :- Satyendra Kumar Singh,Anubhav Shukla,Ragvendra Singh Rathour,Ram Shiromani Shukla,Sanjay Kr. Srivastava
Counsel for Opposite Party :- G.A.,Rakesh Chandra
Hon'ble Ajit Singh,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the entire record.
The present bail application has been filed by the applicant in Case Crime No. 77 of 2018 under Sections 302, 201 of IPC, Police Station - Raipur, District - Sonbhadra with the prayer to enlarge the applicant on bail.
This case was listed peremptorily, but no one has appeared from the side of complainant.
The report of this incident was lodged by the complainant about disappearance of his son Susheel Kumar aged about 15 years in the night of 27/28.11.2018 and on the next date dead body of the son of complainant was found at about 10:00 A.M. at Nauwabari Pahari. It was further mentioned in the First Information Report that his son was done to death by some unknown persons. The matter was investigated and present applicant as well as other co-accused were sent to jail.
The contention as raised at the Bar by learned counsel for the applicant is that accused Shri Krishan Jaiswal was not named in the First Information Report. It is further submitted that the present accused was not resident of the village from where deceased Susheell Kumar disappeared. Learned counsel for applicant has further submitted that his name has surfaced during the investigation through the statement of deceased grand-father after about 20 days and other witnesses which were recorded later on. Thereafter, it is submitted that the present accused happens to be relative of Sri Krishan Jaisawal who is also co-accused in this case, resident of the same village where deceased's family was living. Learned counsel further submits that nothing incriminating has been recovered from the possession of the present accused and there is no direct evidence about the involvement of the present accused. It is also argued that all the witnesses of this case are residents of the same village where the incident took place but why they kept mum so long, was not properly explained by the prosecution. Lastly, it is argued that the applicant is in jail since 16.05.2019 and that in case applicant is enlarged on bail, he will not misuse the liberty of bail.
Learned A.G.A. has opposed the prayer for bail.
Keeping in view the submission of learned counsel for the parties, period of detention of the applicant and all the attending facts and circumstances of the case, without expressing any opinion on the merits of the case, at this stage, prima facie, a case for bail has been made out.
The prayer for bail is granted. The application is allowed.
Let applicant Surendra Jaysawal involved in the aforesaid crime be released on bail on furnishing a personal bond and two local sureties to the satisfaction of court concerned subject to the following conditions:-
(1). The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence and 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;
(2). The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code;
(3). In case, the applicant misuses the liberty of bail and in order to secure his presence proclamation under Section 82 Cr.P.C. is issued and the applicant fails to appear before the Court on the date fixed in such proclamation, then, the trial court may initiate proceedings against him, in accordance with law, under Section 174-A of the Indian Penal Code.
(4). The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court default of this condition is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of his bail and proceed against him in accordance with law.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by the learned counsel for the applicant alongwith a self attested identity proof of the said persons (preferably Aadhar Card) mentioning the mobile number (s) to which the said Aadhar Card is linked before the concerned Court/Authority/Official.
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.
Order Date :- 4.11.2020 LBY
3 issues framed by the court
Whether the case for bail has been made out for the applicant given the prima facie evidence and circumstances.
Whether bail can be granted subject to conditions to ensure the applicant's presence in court.
What conditions must be imposed upon the grant of bail in a murder trial.
6 provisions across 2 enactments
Surendra Jaysawal
Ajit Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
