Criminal judge allowed bail to an applicant accused of murder, forgery, and cheating, finding it a fit case due to reliance on a precedent without expressing a formed opinion on the merits of the recovery evidence.
Release on bail on personal bond and two sureties after signing conditions against tampering with evidence and discharging obligations.
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Court No. - 85
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2165 of 2022
Applicant :- Ashok Kumar Gautam Opposite Party :- State of U.P. Counsel for Applicant :- Deena Nath Counsel for Opposite Party :- G.A.
Hon'ble Ajit Singh,J.
Heard learned counsel for the applicant and the learned A.G.A.
This is a bail application on behalf of the applicant Ashok Kumar Gautam in connection with Case Crime No.233 of 2021, under Sections 302, 201, 394, 34, 411 I.P.C., Police Station Lohta, district Varanasi.
The first information report of this incident was lodged by the informant against unknown person about the death of his younger brother, who was working as Watchman in Champa Agro Company and was living in that company. It was alleged that on being asked about his brother, the company officials informed that on 01.09.2021 the deceased had left the premises of the company for his home town after taking the salary. It was also alleged that the deceased had talked to his wife in the evening. It was also alleged that on 07.09.2021 the informant had received an information about unknown dead body and when he reached there, he identified the dead body to be of his brother.
The submission of learned counsel for the applicant is that the applicant is quite innocent and has been falsely implicated in the present case with the ulterior motive. He submitted that the applicant was not named in the first information report. He submitted that later on, on the information of the police informer, the name of the applicant and other co-accused persons has surfaced during investigation in the confessional statement of Vinod. He submitted that the alleged recoveries shown from the applicant are totally fake and false just to nominate the accused persons and there is no public witness to the said recovery. He submitted that why a person will carry the I-Card and Adhar Card of a dead person in his pocket, and that is not a valuable article. He submitted that there is only confessional statement of the co-accused, which is not admissible in the evidence and there is no direct or circumstantial evidence to show the involvement of the applicant in the commission of the crime. He submitted that the applicant is languishing in jail since 10.09.2021, hence he is entitled to be released on bail and he will not misuse the liberty of bail and will cooperate in the trial.
Learned A.G.A. has opposed the bail plea and submitted that purse and some other documents shown recovered from the possession of the applicant and the money robed by these accused persons were also recovered from the applicant.
Considering the overall facts and circumstances, the nature of
allegations, the gravity of offence, the severity of the punishment, the evidence appearing against the accused, submission of learned counsel for the parties, considering the law laid down in the case of Data Ram Vs. State of U.P. and others, 2018 (3), SCC, 2 , but without expressing any opinion on merits, this Court finds it to be a fit case for bail.
Accordingly, the bail application stands allowed.
Let the applicant Ashok Kumar Gautam involved in the aforesaid crime be released on bail on executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:
i) The applicant shall not tamper with the prosecution evidence.
ii) The applicant shall not threaten or harass the prosecution witnesses;
iii) The applicant shall appear on the date fixed by the trial court;
iv) The applicant shall not commit an offence similar to the offence of which the applicant is accused, or suspected of the commission;
v) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade such person from disclosing facts to the Court or to any police officer or tamper with the evidence.
Order Date :- 25.5.2022
R./
Digitally signed by RAJEEV KUMAR SACHDEVA Date: 2022.05.26 18:58:43 IST Reason: Location: High Court of Judicature at Allahabad
1 issue framed by the court
Whether the assured is entitled to be released on bail given the gravity of the offence including murder and counterfeit currency charges.
Colour shows how this judgement treated each authority
Data Ram Vs. State of U.P. and othersFollowed¶11
Data Ram Vs. State of U.P. and others, 2018 (3), SCC, 2 · Who else cites this
Ashok Kumar Gautam
Ajit Singh
As recorded by the court registry
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