Court allowed bail to applicant in murder and attempt for causing bodily harm case, noting lack of eyewitnesses and improbable recovery evidence, without expressing opinion on merits.
Release on bail furnishing personal bond and two local sureties subject to conditions including no tampering with evidence or witnesses and regular appearance.
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Court No. - 68
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 31642 of 2021
Applicant :- Prakashi Nishad Opposite Party :- State of U.P. Counsel for Applicant :- Ram Sharan Giri Counsel for Opposite Party :- G.A.
Hon'ble Raj Beer Singh,J.
Supplementary affidavit filed in Court today, is taken on record.
Heard learned counsel for the applicant as well as 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. 17/2020, under Sections 302, 201 IPC, police station Jaspura, District Banda with the prayer to enlarge the applicant on bail.
It has been argued by learned counsel for the applicant that the accusedapplicant is innocent and he has not committed any offence. It was submitted that alleged incident has been shown of 25.02.2020 but FIR has been lodged after seven days on 02.03.2020 and that no satisfactory explanation for delay in FIR has been shown. It was further submitted that applicant is not named in FIR, which was registered against co-accused Malkhe, wherein first informant has alleged that on the morning of 25.02.2020 when she went to her bathroom, the dead body of her husband (deceased) was lying there. Learned counsel has submitted that involvement of applicant has been shown on the basis of confessional statement of co-accused Malkhe. There is no eye witness of alleged incident and that the alleged recovery of purse of deceased shown from applicant after one week of incident is thoroughly false and improbable and that there is no independent witness of alleged recovery. It was also submitted that cause of death of deceased has been shown as asphyxia due to ante-mortem hanging, which suggests that death of deceased is not homicidal and therefore no case under Section 302 IPC is made out against the applicant. Learned counsel has submitted that there is absolutely no evidence against the applicant and he was falsely implicated merely on the basis of confessional statement of co-accused Malkhe. It was also submitted that criminal history of one case
shown against the applicant has been duly explained in the supplementary affidavit and in that case applicant has already been acquitted. It has further been argued that the applicant is in judicial custody since 03.03.2020 and that in case, applicant is enlarged on bail, the applicant will not misuse the liberty of bail.
Learned A.G.A. has opposed the prayer for bail.
Considering the submissions of learned counsel for the parties, facts of the case, nature of allegations, period of custody and all attending facts and circumstances of the case, without expressing any opinion on the merits of the case, the Court is of the view that a case for bail is made out. Hence, the bail application is hereby allowed.
Let the applicant Prakashi Nishad involved in the aforesaid crime be released on bail on furnishing a personal bond and two local sureties each of the like amount to the satisfaction of court concerned subject to the following conditions:
In case of breach of any of the above condition, the court below shall be at liberty to cancel the bail of applicant in accordance with law.
Order Date :- 22.11.2021 Anand
2 issues framed by the court
Whether the applicant is eligible for bail in a charge regarding murder and attempt to murder.
Whether a case for bail is made out considering evidence, custody period, and lack of eyewitness testimony.
Prakashi Nishad
Raj Beer Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
