Hon'ble Pradeep Kumar Srivastava, J. granted bail to the applicant in a murder case involving IPC Sections 302, 201, 120-B, and 34, noting the absence of oral evidence and reliance on circumstantial proof.
Applicant released on bail upon furnishing a personal bond and two sureties, subject to conditions of cooperation and non-interference.
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Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6330 of 2021 Applicant :- Hemant Jadaun Opposite Party :- State of U.P. Counsel for Applicant :- Sanjay Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Pradeep Kumar Srivastava,J.
Heard learned counsel for the applicant who is present virtually through video conferencing and learned A.G.A. for the State and perused the record.
This bail application has been given by the accused applicant Hemant Jadaun in Case Crime No. 222 of 2020, under Section 302, 201, 120-B, 34 I.P.C., P.S.- Pahasu, District - Bulandshahr.
As per F.I.R. version a dead body was recovered, from that basis F.I.R. against unknown person was lodged after 4 days from the date of incident. On the basis of statement of informer the name of accused applicant came in light, the police arrested him to make confessional statement and recovery of danda which was used for assaulting the deceased was made on his pointing.
Learned counsel for the applicant has submitted that applicant is innocent and has been falsely implicated in the present case. Further submission of the learned counsel is that the case is totally based on circumstantial evidence, there is no eyewitness account who might have seen the accused applicant assaulting the deceased. Further submission is that except the confessional statement there is no evidence against the accused applicant and the recovery of danda is no material to establish the accusation. It is further submitted that applicant has no criminal history and charge-sheet has already been filed after police investigation and applicant is prepared to furnish sureties and bonds, therefore, there is no possibility of his either fleeing away from the judicial process or tampering with the evidence. Applicant is languishing in jail since 21.07.2020 and undertakes that he will not misuse the liberty of bail, if granted and cooperate in trial.
Learned A.G.A. has vehemently opposed the prayer of bail. He has however not disputed the aforesaid facts and has submitted that the police has filed charge-sheet after concluding the investigation.
Having heard the submission of learned counsel of both sides, considering the fact that the case is totally based on
circumstantial evidence and the circumstances are yet to be established during trial, there is no oral evidence supporting the prosecution case, therefore, without commenting on the merits of the case, considering the period to which the accused applicant is in jail and quality of evidence collected by the I.O., I find it to be a fit case for bail.
Having heard the submission of learned counsel of both sides, considering the facts and circumstances of the case, nature of accusation against the applicant, severity of punishment to be awarded in case of conviction and without commenting on the merits of the case, I find it to be a fit case for bail.
Let applicant Hemant Jadaun be released on bail in Case Crime No. 222 of 2020, under Section 302, 201, 120-B, 34 I.P.C., P.S.Pahasu, District - Bulandshahr, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:-
(i) The applicant will co-operate with the trial and remain present personally on each and every date fixed for framing of charge, recording of evidence as well as recording of statement under Section 313 Cr.P.C. or through counsel on other dates and in case of absence without sufficient cause, it will be deemed that he is abusing the liberty of bail enabling the court concerned to take necessary action in accordance with the provisions of Section 82 Cr.P.C. or Sections 174A and 229A I.P.C.
(ii) The applicant will not tamper with the prosecution evidence and will not delay the disposal of trial in any manner whatsoever.
(iii) The applicant will not indulge in any unlawful activities.
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.
Order Date :- 21.6.2021
Bhanu
1 issue framed by the court
Whether the applicant is eligible for bail given that the case is based entirely on circumstantial evidence without oral corroboration.
3 provisions across 2 enactments
Hemant Jadaun
Pradeep Kumar Srivastava
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
