In this criminal bail application under Section 439 CrPC, the High Court of Allahabad allowed the applicant's prayer to be released on bail during trial in a murder case, noting the lack of credible evidence and relying on an assurance of cooperation.
The applicant Khijju @ Jogendra was released on bail on furnishing a personal bond and two sureties each.
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. - 79
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6646 of 2021
Applicant :- Khijju @ Jogendra Opposite Party :- State of U.P. Counsel for Applicant :- Atul Kumar,Brij Lal Shukla Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Joshi,J.
Heard Sri Brij Lal Shukla, learned counsel for the applicant, learned AGA for the State and perused the material on record.
This bail application under Section 439 of Code of Criminal Procedure has been filed by the applicant seeking enlargement on bail during trial in connection with Case Crime No. 333 of 2020, under Sections 302, 452, 201, 34, 120-B I.P.C., registered at Police Station New Mandi, District Muzaffar Nagar.
It is submitted by learned counsel for the applicant that the applicant is innocent and has falsely been implicated in the present case. It is further submitted by learned counsel for the applicant that the applicant is not named in the First Information Report which was registered on 30.06.2020 against one person namely Annu @ Anuj. It is next submitted that the name of the applicant was surfaced in the present case on the basis of the confessional statement of co-accused Narender when he was arrested on 5.7.2020. It is further submitted that although two persons have lost their lives in the present matter but the recovery of the dead bodies is on the pointing out of coaccused Sagar and Mohit @ Mama. It is also submitted that there is no credible evidence against the applicant to connect the present case except the confessional statement of the coaccused. The confessional statement of co-accused is an inadmissible piece of evidence under Section 25 of the Evidence Act. It is next submitted that the co-accused Amit Sharma @ Amit Pandit @ Raul, who is not named in the FIR has already been granted by the co-ordinate Bench of this Court vide order dated 5.8.2021 passed in Criminal Misc. Bail Application No. 18224 of 2021, the case of the applicant identical to the co-accused Amit Sharma @ Amit Pandit @ Raul, hence the applicant is also entitled for bail on the ground of parity.
It has been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required. It has also
been pointed out that the accused is not having any criminal history as stated in paragraph no.25 of the affidavit and he is in jail since 24.12.2020 and there is no likelihood of early conclusion of trial and hence, the applicant may be released on bail during pendency of trial.
Learned AGA has opposed the prayer for bail but could not dispute the aforesaid facts as argued by learned counsel for the applicant.
Without expressing any opinion on the merits of the case and considering the nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tampering of the witnesses and prima facie satisfaction of the Court in support of the charge, the applicant is entitled to be released on bail in this case. The bail application stands allowed.
Let the applicant- Khijju @ Jogendra be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:-
official website of High Court Allahabad and shall make a declaration of such verification in writing.
In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court.
Order Date :- 23.10.2021 Akbar
1 issue framed by the court
Whether the applicant is entitled to relief on bail during trial considering the severity of accusation and lack of credible evidence.
2 provisions across 2 enactments
Khijju @ Jogendra
Rajiv Joshi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
