Allowed

Suraj v. State of U.P.

Allahabad HC1 Dec 2021BAIL/35528/2021

Case brief

AI extract

What is this about?

In a bail application under Sections 302, 201, and 120B IPC, the Hon'ble Court, noting the applicant's cooperation, lack of criminal history, and the prima facie circumstantial nature where prosecution eyewitnesses turned hostile, granted bail on the applicant furnishing a personal bond with two sureties.

What did the court decide?

Applicant released on bail by furnishing a personal bond and two sureties in an amount satisfactory to the concerned court.

Suraj Vs State of U.P. — Murder and Culpable Homicide | Allahabad HC (2021)

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Court No. - 75

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 35528 of 2021

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Applicant :- Suraj Opposite Party :- State of U.P. Counsel for Applicant :- Ratnesh Srivastava,Ajay Kumar Pandey Counsel for Opposite Party :- G.A.

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Hon'ble Saumitra Dayal Singh,J.

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Supplementary affidavit filed today is taken on record.

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Heard Sri Ajay Kumar Pandey, learned counsel for the applicant and learned AGA for the State and perused the material placed on record.

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The instant bail application has been filed on behalf of the applicant - Suraj with a prayer to release him on bail in Case Crime No. -145 of 2021, under Sections -302, 201 & 120B I.P.C., Police Station -Gajraula, District -Amroha , during pendency of trial.

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Having heard learned counsel for the parties, at present:

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(i) the applicant is accused of offences under Sections302, 201 & 120B I.P.C.;

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(ii) against FIR lodged on 24.02.2021, the applicant is in confinement since 26.02.2021;

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(iii) the applicant claims to have cooperated in the investigation. In any case he is not shown to have unduly evaded arrest;

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(iv) the applicant has no criminal history;

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(v) chargesheet has already been submitted yet trial has not commenced. Therefore, there is no hope of early conclusion of the trial;

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(vi) on prima facie basis, only for purpose of grant of bail, it has been submitted by learned counsel for the applicant that present is a case of circumstantial evidence as no one saw the occurrence. Though, the case diary material supported the occurrence, at the same time, at the trial, six witnesses of fact have been examined. None have supported the prosecution story. Thus, the first informant Balkaran (PW-1), Nanhe Rana (PW-2), Vipin Kumar (PW3), Shahabuddin (PW-4), Mainuddin (PW-5) and

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Raisuddin (PW-6), have all turned hostile. Neither they have supported the evidence of last seen nor has the recovery been supported ;

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(vii) in any case, no reasonable apprehension has been brought to the fore by the State that the applicant, if enlarged on bail would either tamper with the evidence or delay the trial.

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In view of the above, without expressing any opinion on the final merits of the case, let the applicant involved in the aforesaid crime be released on bail, on his furnishing a personal bond and two sureties each in the like amount, to the satisfaction of the court concerned, with the following conditions:-

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(i) The applicant shall not tamper with the prosecution evidence by intimidating/pressuring the witness, during the investigation or trial.

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(ii) The applicant shall cooperate in the trial sincerely without seeking any adjournment.

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(iii) The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.

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In case, of breach of any of the above conditions, the bail being granted shall be cancelled.

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Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.

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Order Date :- 1.12.2021 S.Chaurasia

Suraj v. State of U.P.

Case brief

What is this about?

What did the court decide?

Suraj v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

Statutes considered

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