The Allahabad High Court allowed the bail application of an applicant falsely implicated in a murder case primarily on hearsay evidence. The court imposed standard bail conditions including prohibition from tampering with evidence or intimidating witnesses.
Released on personal bond and two heavy sureties subject to conditions.
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Court No. - 76
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13274 of 2022
Applicant :- Veekesh @ D.P. Opposite Party :- State of U.P. Counsel for Applicant :- Onkar Nath Counsel for Opposite Party :- G.A.
Hon'ble Subhash Chandra Sharma,J.
Heard learned counsel for the applicant as well as learned A.G.A. for the State and perused the record.
It is submitted that in this case applicant has been falsely implicated by the police for committing murder of the deceased Jitin Kumar son of the informant who went from his house by motorcycle to village Ganeshpura on 23.05.2021 but did not return. On the basis of enmity the F.I.R. was lodged against Ram Autar @ Sunil, Udayveer Singh, Raghvendra @ Virua, Jagatveer Singh @ Bhoora and Ratan son of unknown residents of Ganeshpura. Applicant was not named in the F.I.R. and during investigation name of this applicant was brought into light on the basis of statement made by witness Ratan son of Prabhudayal resident of Ganeshpura who made his statement on hearsay that there was illicit relation between the deceased and wife of his elder brother Ram Autar that was the reason Ram Aautar committed murder of his younger brother Jitin Kumar with the help of this applicant who is brother-in-law of Ram Autar. Further submitted that except the hearsay statement of witness Ratan there is no other evidence on record to show the complicity of this applicant. It is also submitted that the statement of this witness was recorded on 23.06.2021 after 11 days of the alleged incident. There is no criminal antecedent against the applicant and he is in jail since 23.06.2021, therefore, requested for bail. In case he is released on bail, he will not misuse the liberty of bail and will co-operate in trial.
Learned A.G.A. opposed the prayer for bail.
Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let the applicant Veekesh @ D.P. involved in Case Crime No.90 of 2021, under Sections 302, 201, 506 I.P.C., Police
Station Malawan, District Etah, be released on bail on furnishing a personal bond and two heavy sureties each in the like amount to the satisfaction of the court concerned subject to following conditions.
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 :- 2.9.2022 Ashok Gupta
Digitally signed by ASHOK KUMAR GUPTA Date: 2022.09.05 17:33:47 IST Reason: Location: High Court of Judicature at Allahabad
2 issues framed by the court
Whether the applicant has made out a case for bail in a murder prosecution based on hearsay evidence.
What conditions should be imposed on the grant of bail to prevent tampering with evidence and intimidation of witnesses.
1 provisions across 1 enactments
Veekesh @ D.P.
Subhash Chandra Sharma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
