Allowed

Dilshad v. State of U.P.

Allahabad HC26 Nov 2021BAIL/43050/2021

Case brief

AI extract

What is this about?

This criminal miscellaneous bail application allowed the release of the applicant on bail in a case involving charges of hurt and murder. The court noted that the occurrence arose from a quarrel and no reasonable apprehension of witness tampering was established on a prima facie basis.

What did the court decide?

Release on bail with personal bond and two sureties subject to conditions regarding non-tampering and cooperation in trial.

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

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Court No. - 42 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 43050 of 2021 Applicant :- Dilshad Opposite Party :- State of U.P. Counsel for Applicant :- Vinod Singh Counsel for Opposite Party :- G.A.

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Hon'ble Saumitra Dayal Singh,J.

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Heard Sri Vinod Singh, learned counsel for the applicant and learned AGA for the State.

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The instant bail application has been filed on behalf of the applicant - Dilshad with a prayer to release him on bail in Case Crime No. - 984 of 2020, under Sections - 323, 452 & 302/34 IPC, Police Station - Sikandrabad, District - Bulandshahar , during pendency of trial.

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Having heard learned counsel for the parties, at present:

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(i) against FIR lodged on 25.12.2020, the applicant is in confinement since 26.12.2020;

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(ii) 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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(iii) the applicant has no criminal history;

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(iv) charge-sheet has been submitted yet there is no hope of early conclusion of the trial;

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(v) on prima facie basis, only for purpose of grant of bail, it has been submitted by learned counsel for the applicant, even if the FIR allegations are accepted as true, quarrel had erupted at the spur of moment between the parties. As to the allegation of the applicant having caused the grievous hurt resulting in the death, it has been submitted, the FIR allegations and the statements recorded during investigation are contradicted by the opinion of the doctor in the post-mortem report. The injuries suffered by the deceased may not have been caused by "jhurmut" .

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(vi) 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 or intimidate the witness.

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In any case, in the entirety of the facts and circumstances of the case noted above, releasing the present applicant on bail at this stage may neither endanger the testimony that is to be recorded or any other member of the society as the occurrence was not pre-planned but only arising from a quarrel.

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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 :- 26.11.2021/Prakhar

Dilshad v. State of U.P.

Case brief

What is this about?

What did the court decide?

Dilshad v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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