This judgment grants bail to Mahendra accused in a murder and culpable homicide case. The court found that the applicant had made out a case for bail based on the nature of allegations and evidence, ordering his release on personal bond and two sureties.
Release of applicant on bail by furnishing a personal bond and two sureties each in like amount.
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Court No. - 71
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 18095 of 2022
Applicant :- Mahendra Opposite Party :- State of U.P. Counsel for Applicant :- Gaurav Kakkar Counsel for Opposite Party :- G.A.,Amit Rai
Hon'ble Subhash Chandra Sharma,J.
Supplementary affidavit filed by learned counsel for the applicant, which is taken on record.
Heard learned counsel for the applicant, learned AGA for the State as well as learned counsel for the informant and perused the record.
It is submitted that in this case the applicant has been falsely implicated with the allegation that this applicant along with three other accused persons committed murder of Narendra and caused injury to two other persons namely; Hukum Singh (Father of the informant) and Vijendra Singh. It is further submitted that in post mortem report, firearm injury was found on the persons of the deceased Narendra and fire arm was assigned to co-accused Hamendra and Mohit. Only lathi has been assigned in the hand of this applicant and no injury of lathi has been found on the person of the deceased. Further submitted that this applicant, being father of co-accused Hemendra, has been falsely roped in this case.
The learned counsel for the applicant has next submitted that applicant has two cases of criminal antecedent which is explained in the supplementary affidavit filed in support of this bail application and he is in jail since 22.02.2022, therefore, requested for bail. In case he released on bail, he will not misuse the liberty of bail and will co-operate in trial.
Learned A.G.A. as well as learned counsel for the informant opposed the prayer for bail but could not dispute the above facts as submitted by learned counsel for the applicant.
Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, nature of allegations, evidence, 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 Mahendra involved in Case Crime No. 23 of 2022, under Sections 302, 307, 504, 506, 34 I.P.C., Police Station Mandawar, District Bijnor, be released on bail on furnishing a personal bond and two 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 :- 6.8.2022 v.k.updh.
Digitally signed by VINOD KUMAR UPADHYAY Date: 2022.08.18 11:36:04 IST Reason: Location: High Court of Judicature at Allahabad
3 issues framed by the court
Whether the applicant made out a case for bail under the facts of the murder accusation.
Whether conditions of bail could be framed to protect the integrity of the trial.
Whether the applicant should be released on bail on furnishing bond and sureties.
5 provisions across 1 enactments
Mahendra
Subhash Chandra Sharma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
